WIDOWS’ COMPENSATION

Hokitika Guardian, 4 July 1931, Page 7

WIDOWS’ COMPENSATION

GREANEY CLAIM SUCCEEDS CHRISTCHURCH, June 2. Judgment for £IIOOO Ims been awarded Catherine Mary Greaney, a widow, of Greymouth, by the Arbitration Court in a claim for compensation against the Crown. Suppliant was the widow of David Paul Greaney, a miner of Greymouth, who died of septic pnuemonia on November 4, 1930. The claim arose from an accident in the State Colliery at iiewanui, when Greaney twisted his foot on a stone in stepping off a cable car, septic pnuemonia subsequently causing death. Mr P. J. O’Kegan, of Wellington, appeared for the suppliant, and Mr F. A. Kitchingham, of Greymouth, lepresented the Crown.

“The facts of the case may be summarised as follows,” states the judgment delivered by Mr Justice Frazer. “Deceased, according to evidence given by the suppliant and by wornmates, was apparently in his usual states of health up to the time of ceasing work at the State Colliery at Re-wanui on October 29, 1930. Inquiries made by the management disclosed nothing abnormal in his condition while at work oh that day. The colliery is situated on a hill and access’ to it is gained by means of a cable tramway, which is owueti and operated by the States Mines Department. The men are required to use the tramway when proceeding to and returning from their shifts. There is no direct evidence of any accident to deceased, but there is evidence that on October 29, 1930, shortly after he left the tunnel at which the tramway ‘terminates deceased was observed to lie limping and that, in response to inquiries from his workmates, he said that he had knocked or twisted liis foot on a stone when getting off the cable-car. On November 2 the foot was obviously in a worse condition and deceased was admitted to the Grey River Hospital the same day. Four hours after admission to hospital deceased developed a severe rigor, indicating the onset of a blood-stream infection. His temperature rose and his general condition became rapidly worse. On November 3 septic pneumonia was apparent and death ensued on November 4.

“In the present case, all the circumstances point to the extremprobability of deceased having injured himself in the manner described by him to his wife and his workmates, and we accept the evidence without hesitation. The case, Dr A. 13. Pearson, bacteriologist at the Christchurch Hospital, said, was so typcal of its class, as to rule out any possibility of coincidence of spontaneous infection. Judgment will accordingly be entered in favour of the suppliant of £IOOO with £ls los costs. 'Witnesses!’ expenses will he allowed to suppliant accoding to scale.”