COMPENSATION COURT.

Taranaki Daily News, Volume L, Issue 59, 18 May 1907, Page 2

COMPENSATION COURT.

the Compensation Court, constituted under the Workers' Compensation for Accidents Act PJOu, sat at New Plymouth yesterday. Mr Justice Sim, 1 resident of the Court, presided, and with him were Messrs J. D. Slater and Samuel Brown. The first ease was that of J. K Morrison v . Robert Hicks and Richard Reeve Mr Halliwell, of Hawera, anpwuvd for claimant, Mr Barton, of 11awera.uppearcd for respondent Reeve, and Mr Welsh, of Hawera, for respondent Hicks.

_Mr Halliwell, i n opening, briefly outlined the case. This was a claim under the Act by an agricultural laborer, Joseph Morrison, who was employed by the respondent Keeve to do general work for the latter. Reeve was a milker on shares for Hicks, the owner of the farm, on which the work was done, and on which the accident took place. Mr Halliwell contended that the employment was within the Act; that under (Section 15 of the Act of 1000 and Section 4 of the Act of 1905 the respondents were jointly and severally liable to the claimant Joseph Morrison. The claimant was called and lengthy evidence taken. The respondents at this stage admitted that the employment was one to which the Act applied. The only question then left for the Court was as to tho respective liabilities of the respondents. Mr Barton argued that the relationship between the respondents was that of a partnership and that both were equally liable. Further, Mr Barton contended that Keeve was only a servant of Hicks', and that therefore Hicks was the party solely responsible to thee laimant.

Mr Welsh, for tho respondent Hicks, argued that the relationship was not that of partners, nor was it that of master and servant: it was contractor and contraetee. His Honor reserved his decision WHITING v. GILLIES. Mr Halliwell appeared for Whiting and Mr Welsh for Gillies. This was an application by the respondent Gillies to reduce or terminate the amount of the weekly payment awarded to the claimant Whiting by the Court at Hawera in December last. The grounds of the .application were that the claimant since the award had been offered suitable employment for a one-armed man, viz., the driving of the mail cart between the Post Office, Hawera, and the railway station. Mr Gillies was called and gave' evidence as to the terms of the mail contract, and (hat lie had had the option of purchasing the goodwill of this for Whiting. Mr Halliwell called Whiting who Stated that he was physically unfit to undertake the work. The Court also admitted the medical certificate of Ur Sloan to the same effect. The application to have the weekly payment reduced was dismissed wit'i costs, £3 3s, and witnesses' expenses and disbursements.