PROGRESS WRECK

Hokitika Guardian, 22 September 1931, Page 5

PROGRESS WRECK

MATE'S WIDO.W.

CLAIMS £IOOO ,COMPENSATION.

(By Telegraph—Per Press Association)

WELLINGTON,, September 21

An echo of the. wreck of the motor vessel “Progress” off the coast near Wellington on May Ist last, was heard in the Arbitration Court to-day, when Matilda May Lawton, widow of Frame Lawton, first mate of the vessel, who lost his life in ,the wreck (Mr Perry), claimed £IOOO compensation .and £25 for funeral expenses from the Holm Shipping Coy. Ltd.

The statement of claim set out that.Lawton had been employed for a time as second mate of the Progress at £22 8s 8d pier month, , and-from‘ January 19, 1931, to the date of the wreck as first mate at £26- 6s 8d per month. The widow had been. left with two sons, both aged 17, and one daughter, aged 12. The widow/; arid her daughter had been wholly dependent, and her sons partially dependent;' upon the earnings of the deceased.

The defence maintained that Lawton was not a worker within the meaning of the Workers’ Compensation Act,'as he was a person employed otherwise than by way of manual labour, ; and that his remuneration had exceeded £4OO a year, 1

''■Mi! Perry, for th©plaintiff, said that he intended to prove that Lawton* while. in' the employ- of the company, had not,received, £4OO a year, and that, even if he. had, he - was ■»’ manual worker, i Lawton had been employed in a capacity of which manual labour formed . a part, and came under the coastal- shipping award. Lawton, ait various - ; pipits,had had, to assist in loading and unloading live stock at night time: 1 There was'only one seaman in addition to th© officer on watch, and deceased had had at.times to take the wheel and also drive winches. Officers of the U.S.S. Coy. had refused to do manual work of this kind;

Mr O’Leary, for the defence, said that the Company claimed that Lawton had been in receipt of over £4OO a year, and that Ke had not been employed ns a .manual worker. Lawton had not been .employed as > first mate on . the Progress for a year, and the overtime that •h© earned , hkd; to • .be taken into "accounts At .'the- time of his death he was reeeiving ’ait the -rate of £316 a year-- .Lawton iW allowances from the, Company brought.thW amo;un|f be. earned up to, £428 18s 6d. a year, The substantial nature of his engagement was not manual labour, but, navigation superintendence - and general control.,.. ~ ~v ■ • After: hearing evidence, i and .legal argument, the court, reserved its -do--csion. : '.y • ‘"t.*-'■’■ .1-1- -/