BOY SUES HIS FATHER.

Manawatu Herald, Volume XXXII, Issue 928, 8 December 1910, Page 3

BOY SUES HIS FATHER.

Christchurch, December 6. An important judgment beaiiug upon the liability of employers for compensation was delivered by his Honour Mr Justice Sira this morning. The action, which was heard by the Court of Arbitration on November 24th, was one in which Herbert Ambrose Johnston claimed compensation from Ambrose Johnston. Plaintiff was a boy seventeen years of age, employed by defendant, his lather. On May 17th, while driving a cart belonging to his father, he was struck in the eye by a pellet from a gun fired by a boy. The court believed that the shot was intentional and not accidental, as was sworn by the boy. The question was whether the injury sustained by plaintiff was caused by an accident arising out of, and in the course of his employment by defendant. The court held that the risk of being injured by a shot fired by mischevious boys could not be regarded as incidental to the occupation of driver, since it was a risk common to all members of the community when travelling along a highway. The accident was not the result of any peculiar danger incidental to the employment, nor was it the result of anything plaintiff was doing in the course of his work It therefore could not be said to have arisen out of his employment. Judgment must be for the dedefendant, with costs 7s.