AN APPEAL CASE.

Gisborne Times, Volume XXIII, Issue 1900, 9 October 1906, Page 2

AN APPEAL CASE.

CRESS ASSOCIATION Wellington, laat night. Justices Edwards, Denniston, Cooper, and Chapman sat as a Court of Appeal to hear the oase of the Government Railways Sopsrannuation Board v, Ann Foslier, Dr. Findlay appeared for the appellant board and Mr Adams (of Dunedin) for respondent. The case is one brought to determine broadly whether every officer of the railway service of New Zealand became entitled to compensation under the Aot of 1887, and whether that Aot gave to every officer power to demand compensalion. In the particular case before the Court respondent is the widow of Walter Aristide Fostier, chief olerk of the Goods Department at Duaedin, who died in 1903, while the resignation of the office and application for the benefits of the railway superannuation fund by him was awaiting consideration by the Minister for Railways. Respondent urged that upon the coming into operation of the Superannuation Fund Act her husband received a right to the benefits under that Aot, and also retained his rights under the Act of 1887. The Superannuation Board had offered the widow an annual allowanoe for herself and children, but the widow contended that in addition she was entitled to receive a lump sum of £205 Os 5d under section 76 of the Aot of 1837. The Chief Justice had decided that the widow was entitled to a lump sum, and the appeal was from this decision, Judgment was reserved.