FATAL INJURY

Evening Post, Volume CXVI, Issue 61, 13 March 1934, Page 9

FATAL INJURY

COMPENSATION CLADI

UNUSUAL TYPE OF CASE

LEGAL POINT INVOLVED

(By Telegraph.—Press Association.) '■ CHRISTCHURpH, This Day. An unusual type o£ compensation claim was heard in the Arbitration, Court today. The Port Hills Summit Road Public 'Trust was the defendant, and Anna Aagot Bank, widow of George Johan Christopher Bank", was.the plaintiff. ■■;■■■ ■•' .•. -~-.. Bank died on April IS last year, the Coroner's verdict, being that death, was the result of compression of thebrain due to hemorrhage from a rnpture of the vein through jerking his head backwards when tailing over an embankment, after having been assaulted by Clarence George Gibson. Gibson came before the May ■ session of the Supreme -Court, when he was found - guilty of assault under provocation, and not guilty on a charge of manslaughter, : The plaintiff has seven children; and so far has. been paid no compensation. ■.•;..-.-■. The defence denied that death was due to an accident arising out of employment. - ■ _' ■..,.'■■ Counsel for the- plaintiff said, that the ease was- unusual^ and involved aa interesting psint of law. Bank was a relief -worker employed on the Summit Road work, which was nominally controlled by the Trust, which was practically H. G. Ell. An .'important point of the case would be to showthat the blow or blows were short jabs to the body-which -were not very'vio- ' lent, owing to the closeness of the men and the bank. If the man-had been standing on solid ground, he 'would not have been seriously incommoded. Mr.'Justice Frazer:"A short-arm jab can be quite effective;* you can. take, my word for it. ' ■ N , Counsel saSil that Bank was not knocked off - his feet by jabs, bnfc took two steps back and slipped on a~ loose stone and went over the bank. It was, contended that, the altercation arose, out of the employment of men on the job. There; was no control, and there was a shortage of tools. It was submitted that 'the. whole-cause of the dispute arose directly from the employment of men : under conditions that ■ led to continual friction and misunderstanding.- A.fall, not ah assault, caused-' death. . / '•■ .• ■■■"■.••■■ The case is proceeding.