FAILURE OF CLAIM

Gisborne Herald, Volume LXVI, Issue 20067, 13 October 1939, Page 4

FAILURE OF CLAIM

COMPENSATION SUIT

WATERSIDER'S DEATH

(Per Press Association;)

AUCKLAND, this day,

Reserved decision in a claim for compensation brought by a married daughter of a waterside worker who was drowned off the northern wharf on the evening of June 22, 1938, was given by Mr. Justice O’Regan in the Arbitration, Court.

The plaintiff was Mrs. Alice Emily May Spurr, who brought her claim against the Richardson Steam Ship Line. The question' at issue was whether the accident that resulted in the death of the plaintiff’s father, Melville Holmes, arose out of and in. the course of his employment.

The deceased had been engaged to work cargo on the Pukeko at King’s wharf, but as the ship did not arrive, he and others were dismissed. When walking along the wharf, Holmes fell into the harbour and was drowned.'

The plaintiff claimed this happened in the course of his employment, and asked for £2B expenses and such other relief as was just.

His Honour stated the accident *was due to a risk to which any member of the public using the wharf was exposed equally with the deceased, and it followed thiit the accident did not arise out of his employment. Judgment was entered accordingly for the defendant company, to whom leave was reserved to apply for costs.