Poundkeeper's Death.

Hokitika Guardian, 10 February 1922, Page 2

Poundkeeper's Death.

COMPENSATION AWARDED. PALMERSTON N., Feb. 7. - 1 Reserved judgment has been given by I the Court of Arbitration in the case | Mary Ann Hickey v. the Palmerston I North Borough Council.. The case, which was of more than ordinary interest, was argued at Palmerston North on December 14th, there being no dispute about the facts. The plaintiff is the widow of Maurice Hickey, who had been for years employed by the defendant borough as poundkeeper. On the afternoon of February Bth, 1921, he was proceeding from his house to the pound, it being his regular custom to attend at the pound every week night from 4.30 to 5 o’clock. While proceeding in the direction of tlie pound lie was knocked down by a motor-car, suffering injuries as a result of which he died shortly afterwards. The widow claimed compensation as a total dependant, alleging that the accident arose out of, and in the course of, his employment. The defendant borough admitted the facts, but contended that the accident was due to ordinary risks which any member of the public incurred who walked the streets, and hence that the .accident did not arise out of his'employment. A further defence was that the deceased was a statutory officer, hence the relation of master and servant did not really exist between the defendant borough and himself, in other Avoids, that he was not a worker within the meaning of the Workers’ Compensation Act. In the course of a lengthy judgment, the Court found in favour of plaintiff on both counts, holding that deceased was continuously employed, and hence that the accident by which he was killed both arose out of and in the course of his employment. The Court agreed that the conditions of deceased’s employment were very largely settled by the Impounding Act, but held that he was, nevertheless, a worker within the meaning of the Workers 1 Compensation Act, and hence that plaintiff was entitled to succeed. Judgment accordingly was entered for £567 compensation, £29 12s 6d medical and funeral expenses, and £ls 15s part costs.