FLAXMILL ACCIDENT.

Manawatu Herald, Volume XXXVII, Issue 1379, 27 March 1915, Page 3

FLAXMILL ACCIDENT.

COM PE NS ATIO N AW A RDE L)

The judgment of Mr Justice Stringer in the compensation case of John William Preshug v, the Poplar FlaxmiiHng Company, has been hied. The plaintiff was in- l jtired while in the course of his employment in the defendant’s mill, near Foxlou. on 24th November, 1913, and brought an action in June, 1914. for compensation. Two defences were set up : (1) that the action was barred, not having been commenced within six months after the date of the accident ; (2) that the plaintiff was drunk at the time oi the accident, which was therefore attributable to serious and wilful misconduct on his part, depriving him of any right to compensation, In regard to (1) the Judge held that the plaintiff had reasonable cause for failing to commence his action within six months, and such delay was no bar to such action. In regard to the second defence, his Honour held that the defendant entirely failed to prove that the plaintiff was drunk at the time of the accident. The injuries from the accident were serious, and the plaintiff had had to have his skull trephined. However, the Court held that he had. fully recovered his capacity to work at the expiration of about four mouths after his discharge from the hospital. The Court, therefore, held ou that tooting That he was entitled to forty weeks’ allowance at £\ 10s a week, or £6O. Judgment was given for that amount, with £1 medical expenses and costs £lO iqs, witnesses’ expenses and disbursements. The plaintiff was also granted a suspensory award in regard to future possible developments of his injuries, and was "awarded compensation at the rate of one penny a week, to continue until such payments were ended or increased in accordance with the provisions of the Act. Mr O’Regan appeared for the plaintiff, and Mr Menteath for the defendant company.