THE KAIMATA TRAGEDY.

Taranaki Daily News, Volume LVII, Issue 40, 8 July 1914, Page 6

THE KAIMATA TRAGEDY.

CLAIM l'Oll COMPENSATION.

JUDGMENT AGAINST THE CARTER'S WIDOW.

Mr. .1. Terry, Registrar of the Supreme Court, yesterday read the reserved decision of his Honor Mr. .Justice Stringer in the ease in which Mary Ellen Smith, widow of the late Francis Smith (who had been a carter in the employ oi the Xew Zealand I'Apl'ess Company and u'c ; one uf the victims of the Kaimata tragedy) sued the company for £!i!)4 an compensation for (be death of her husband. After setting out the facts of the ease, as already published, the judgment stated that the question whether a dc.signed and wilful act resulting either in murder or tunnshuigiiter was an accident within tlie meaning of the Workers' Compensation Aet, had led to a remarkable diversity of judicial opinion. The Court was, however, bound# biv a decision of the House of Lords, in which it was held by a majority of four to three, that "accident under the Workers' Compensation Act included any injury which was not expected or designed by the worker himself, and therefore extended to a case of death by murder. The Court had. therefore, to hold that extended to a ease of death by murder." within the meaning of the Act. It was clear that the accident was one arising "in tho, course of his employment," and the only remaining question was whether it also arose "out of his employment." In the opinion of the Court that question must be answered in th 1 negative. After reviewing the cases quoted, and the arguments used by counsel, the Judge held that it was impossible for the Court to find that the risk which the deceased ran was one directly incidental to his employment. Judgment was for the defendant, with £7 7a costs.