COMPENSATION CLAIM

Hokitika Guardian, 31 October 1930, Page 3

COMPENSATION CLAIM

(By Telegraph—Per Press Association.

BLENHEIM, October 30

What appeared at the time to be entirely a trival injury to the hand of a mail employed in the erection off a fence at Lansdowu Park, is gong to cost tliq Marlborough Rugby Union a nice little penny, for the workman, James Neal, of Blenheim, has succeeded in his claim for compensation in the Arbitration Court. Robert Noble Adams, Medical practitioner, Alexander Allan McNabb solicitor, and Claude Houghton Mills, solicitor, as the trustees of the Marlborough Rugby Union, were cited as, the defendants. The case which was of an interesting nature in its legal aspect, occupied the court’s attention for over two and a-lialf hours. Tn the course of the hearing the defendants cited, satisfied the court that they were not liable but counsel for tlie plaintiff promptly applied to to have the pleadings amended, joining the two original defendants,' Messrs Mills and McNabb. as defendants in their capacity of members of the Union. This episode provided a somewhat amusing interlude a peculiar point about it being that one of the defendants, (M.cNab) was conducting the defence, and. his learned friend, Mr A. C. Nathan, who represented the plaintiff, appeared rather to relish catching the opposing counsel in his dual capacity on one score, when he had beaten him o.n another. Hs Honour, Mr Justice Frazer, and the assessors, Messrs W., Gee! Prime and A. L. Monteith, quite enjoyed the piquancy of the situation, as did, Mr VlcNab also. The plaintiff’s pleadings were that Ihe three original defendants were the trustees of the Marlborough Rugby Union, and were registered as the proprietors of the land on which the accident occurred on Decemlier 17 L9i,9. Plaintiff was employed by the Rugby Union at 15s a day in some fencing work, and in the course ot which work, while digging a post hole he met with the accident in that he jagged his hand. As the result ot the accident he had been totally incapacitated from work from December 19, 1929 until the present time, and he would be incapacitated for a further period exceeding three months. He had to meet considerable medical expenses, and he claimed the sum of u 3 10s per week from December 19, as compensation, £1 medical expenses, and an order that he be paid further sums during ally further period of incapacity, also the cost of the action and such other relief as the court deemed just.

The judgment of the court on the case as a whole was that the plaintiff receives compensation on the basis of his earnings, being £4 4s per week, full compensation to be paid from the time of the accident to the present date on the basis of 66 2-3 per cent, of £4 4s per week. He was entitled to £1 for the medical fir.st aid fee, and for the future lie was entitled to a further 13 weeks’ lull compensation. From the expiration of that period there would be a suspensory order r.f one penny per weJi, until the amount was reviewed by the court, such review to be retrospective, ahd the question of awarding .schedule compensation for the -loss of the little finin' of the right hand to he hold over, pending the final settlement. On the other aspects of the claim plaintiff would he allowed £lO 10s costs, £2 2s expenses for each of the medical witnesses, and expenses for the other witnessess on the Magistrate’s Court scale.

Replying to the bench, Mr Natham stated that the Rugby Union did not have any insurance under the Act.