NO COMPENSATION

Hokitika Guardian, 17 December 1931, Page 5

NO COMPENSATION

FOR INJURED WORKERS. COURT OF APPEAL’S DECISION. (By Telegraph—-Per Press Association} WELLINGTON, December 16 Tile Court of Appeal this morning: delivered its judgment in the important earthquake case, Borthwick and Sons Ltd., and others v. Ryan and others (heard on September 30.) The Chief Justice, in giving his judgment in favour of plaintiff employers, said in his opinion, on the lacts actually before the. Court, the accidents which caused ; the injuries did not arise out of employment, on the ground that the injuries wero caused by a general catastrophe, and that all persons within the area affected by the earthquake were exposed to the same risk. The danger was common to all, and the facts before the court did not show any special exposure to risk by injured workers, due to incidents of their employment. The position woul<] be different if workers by reason of the incidents of their employment were exposed to risk of injuries greater than those to ■ which th© public generally were subject, and injury actually suffered was caused or accentuated by such incidents. The fact that buildings ...were wholly and partly destroyed could not be regarded, perforce, as proof of defective construction.

Justices Ostler, Adnilis, and Smith delivered judgments concurring with the Chief Justice. . - ■ Justice Reid arrived at satnewliat different conclusions, holding, the fact that the contributing cause of injuries was that the earthquake did not of itself prevent the injured workers from receiving compensation. Workers' were entitled if they could.show the building where they were working, or required to he, was defectively constructed, to claim compensation. He held in addition, on the fact's- before the Court, that Prendergasf, was..entitled to compensation

In accordance with the judgments on. the majority, the answer ■ of the Court to the question before it, vyas that in each case on the facts stated, the accident did not arise out of the course of employment. ;