CLAIM FOR DAMAGES

Hokitika Guardian, 11 September 1931, Page 5

CLAIM FOR DAMAGES

THROUGH INJURIES THROUGH FIRE. (By Telegraph —Ter tress Association) WELLINGTON, September 10. Three employees, George Michael Skone, Mary Margaret Park and Ruth Jones claimed compensation in the Arbitration' Court to-day, from Mary Catherine Hyde, administratrix in the estate of Henry Bruce Hyde, formerly the licensee of the Panama Hotel, on the grounds that in endeavouring to escape from the burning building they suffered injuries including burns, which resulted in a certain degree of disablement.

Tbe defence denied liability on the ground that the accident happened after working hours, and therefore, did not arise out of their employment.

Mr OLeary, for the defendant said it seemed rather extraordinary that there was no authority as to whether a lire causing injury meant that the accident arose out of the employment. It was important, if it was the law that an accident arising out of a fire, was an accident arising out of employment, and especially important to hotel or other employees living on the premises. He submitted that, to aiise out of employment, an accident must bo due to the risk of the a ( s distinguished 'from being a risk which would equally operate whether the person was, or was not, thus 'inployed. If the accident was caused b,v something unconnected with employment, it did not arise out of employment. The words “out of” necessarily involved the idea that an accident arose out of a risk incidental to the employment. It was submitted that for an injury to rise out of employment, it must be shown that the worker was exposed to special risk in resp ct of it. That was based on the ground that a fire was a risk of a general nature. His Honour remarked that the case was interesting and the Court would give a written decision.