BUSH ACCIDENT

Opotiki News, Volume I, Issue 18, 1 April 1938, Page 3

BUSH ACCIDENT

COMPENSATION CLAIM FATALITY AT OPOTIKI EXPENSES FOR MOTHER Reserved judgment in the case in which Kathleen Teresa Kennedy, of Auckland, claimed compensation to be fixed by the court from John Sloan, contractor, of Opotiki, lias been issued by the first Arbitration Court. The claim resulted from the death of plaintiff’s son Allan, aged 22, when a tree was uprooted and fell oil him during timber-felling operations at Toatoa, Opotiki, oil January 14, 1937. Plaintiff claimed that her son lost! his life by an accident arising out of and in the course of his employment and that she was a. partial dependent of her son* The defence denied liability; on the ground that deceased met his death through liis own negligence and alter the cessation of work and claimed that plaintiff was not a partial dependent of her son. Air. T. Henry appeared for plaintiff and Air S. J. Elliott represented defendant. In the court’s judgment, Air Justice O’Regan, found that when he met his death deceased was proceeding to convey instructions he hud just received from defendant to, a workmate to procure lii s assistance for the carriage of certain tools. In doing this ho continued in the danger area formed by the bight of the hauling rope, as he was when defendant spoke to him. Because of standing trees, however, lie incurred no. risk of injury and had no reason to anticipate the falling of the tree which killed him. Accordingly t-lie court found’ that he met his death by accident arising out of and in the course of his employment. i Oil the question of dependency, His Honour said the evidence at its best fell fur short of proving the allegation that plaintiff was in receipt of contributions from deceased amounting to £1 a. week. Dependency had not been, established and in this inspect the case must fail, but inasmuch a s the accident arose out of and m the course of deceased’s employment, plaintiff must have judgment for £22 15s medical and funeral expenses.