DEATH BY A KICK

Hokitika Guardian, 27 August 1930, Page 7

DEATH BY A KICK

SECRETARY OF Y.M.C.A.

CLAIM: FOR COMPENSATION,

WANGANUI, Aug. 25

“The circumstances relating to this case are of an unusual and extraordinary nature,” said Mr W. J. Treadwell, when opening a case at the Arbitration Court this afternoon in which £IOOO was claimed from the '"’.MJC.’A. by Donald Dunn Milligan, as a 1 result of the death of his fosterfather in 1929.

• Counsel explained that deceased had been,;(secretary of the- Y.Tu.C.A. at Wanganui. He had had a free hand as to/ what games should be played at the institution. The boys had an ■arrangement by which the winner of a game of ping-pong was to kick the lo c er on the buttocks, one kick for each losing point. Deceased (Milligan, in (September, 1929, played a game with one. hoy, saying prior to the contest that, the winner would be entitled to exact the usual penalty. Milligan lost by thirteen points to ten. He told the boy to' kick him three times. The boy at first demurred, but finally did so. •Unfortunately one kick landed, with the result that Milligan received certain injuries as the result of which he died. Milligan was insured with the Now 1 Zealand Insurance Company by the association against accident-.

Argunient proceeded as to whether the- case was allowable, as the stipulated six (months had expired before action was taken.

The case, wns not taken any further for the present, his Honor Mr Justice Frazer reserving his decision on this point. ’ '■ 1 ’ '