A Bush Accident.

Manawatu Standard, Volume XL, Issue 7927, 7 October 1904, Page 5

A Bush Accident.

IVprkei-s' Compensation Act.

The Arbitration Court; resumed ai> "Wellington yesterday the hearing, of a compensation case begun on • September 30th 3 . 1908. . Henry Eickard, labourer, of Ohau, claimed- compensation from Benjamin Moxham, Albert Bickard an<3 Ernest.H. :Snow, at the' ; rate of '£2 per week, for an accident met.with.-by elaixaant while bush-felling near lieyirij on November sth, 1902.

In the statement of the case, it was stated that Albert Eickard, who is claimant's brother, .with "Benjamin Moxham,. ehteredintd some.arrangement with E, H. Snow- to ;do; some'bush'-fellihg oj» • Snow's property. ■ .While;claimant- was bush-felliQg.a tree fell on him and bmke - ■one'of' inVlegs.-.'-As.a result of this-acci--" dent the leg had to be amputated in the - Wellington Hospital. The young inan-'s mother, it was formerly stated by counsel, engaged the services of a solicitor while her son was in the hospital, ana that as a result of the solicitor's mediations with the insurance company concerned^ a payment of £10 was made iv full satisfaction of all claims, and a receipt discharging Snow from further liability was signed by claimant's mother. . This arrangement, it was contended,- was made without authority, and was not binding on claimant. The defence-was that—(l) claimant, .... at the time-of the accident, was not a worker within the meaning of £h& Workers' .Compensation Act, but an independent contractor, and .(2) that the receipt for £10 signed by claimant or his ■ agents was in full satisfaction of all or • any claim, he might have against the ' •' respondents.

After argument his Honor said It was clear that the case must fail. The evidence showed that Albert Bickard and Moxhaui had entered into a certain con- :' tract with Snow; and that-they agreed to bring in claimant' as one of the party—it was really a family party. As, a mat- ■> ter of fact claimant was expressly advised against going into the venture as a wages man. He .was; to;be paid .'ae- - : cording to results and on the same basis as the others concerned in the contract. The relationship established was quite-, inconsistent with the submission that claimant was a servant of the ■ respond- ■ 'ents. The case would be dismissed;

' Respondent Snow was allowed, 7s. costs, with witnesses' expenses and disbursements. ■■'.". '■■.■-■'. .; . -