ARBITRATION COURT

Hokitika Guardian, 21 July 1932, Page 6

ARBITRATION COURT

AN UNSUCCESSFUL CLAIM

WIDOW SEEKS COMPENSATION.

(Per Press Association — Copyright.)

CHRISTCHURCH, July 21

In December 1929, Peter RnsseJl Cooper disappeared from tile small motor vessel Kotiti (since wrecked), while the ship was making from Westport to Karamea. Cooper was one of -a party of meh engaged by the Public Works Department to repair the Westport-Karomea. road. He has .not since been seen and the Arbitration Court heard the compensation claim lodged by his wife, Agnes Robina Cooper, against ,the public Works Department. For the Crown there were three defences: That it was not known that Cooper was dead; that, if he did die, it was not in the course of his employment; and that the petition was out of time.

Judge Frazer said that the Court

had first to decide whether it had reasonably been proved that the man was dead. If that were the only question in the case the Court would be inclined to hold that the man had been drowned after having been washed overboard from the Kotiti. However, there was the question of contract of service.

“The general rule must apply,” continued His Honour. “That, unless

there is a contractual obligation arising out of the contract of service that binds man to use the conveyance provided by his employer, there is no liability on the employer in the event ol an accident. The present claim therefore cannot possibly succeed.” Judgment was given for the Crown with leave to apply for costs.