CLAIM FOR COMPENSATION.

Wairarapa Age, Volume XXXII, Issue 10274, 29 June 1911, Page 5

CLAIM FOR COMPENSATION.

LATE MR McHUTCHEON'S DEATH. A case was heard In the Arbitration Count at Wellington yesterday, involving a claim -for compensation • arising out of the death of Alexander McHutcheon, of Whakataki, near Trinui, plaintiffs- being David. Henry Speedy, Tinui, and Fred William G-roves, Tinui, executors of the late Mr McHutcheon'iS will, and defendants were the chairman and councillors of the County of Castle-point. Mr T. Jordan appeared for plaintiffs, and Mr E. B.Brown for defendants, i On 25th March, 1910, plaintiffs declared that while McHutcheon was j actinggjin the ordinary course of hisemployment he was accidentally thrown from a buggy in which he was driving, and killed. . Deceased was proceeding ;tb-inspect the roads of the county to prepare for a meeting of the council-on the folio wing'; day. It.appeared that deceased filled the office of County Glerk, rate collector, treasurer, and road overseer. He is survived by a widow and an adopted daughter. John T. Phillips, vicar, Tinui, deposed that on the day of the «'aceident he accompanied deceased from Whakabaki on his way to his (McRuitcheo/i'is) duty at Tiiuii. Going down the big saddle, about half-way down, some part of the harness gave way, and the horses bolted. Deceased was jerked or thrown- out suddenly, and appeared to have beem dragged. McHutcheon did a lot of Ms officework at home, and on the morn-v ing of the accident had worked up to 3 o'clock. He had a large number of office books in the trap with him. Deceased was dead wihen picked up. ' Frederick Wm. Groves, farmer, nui, one of the plaintiffs, said tluft; McHutcheon. was appointed roa.d overseer in 1901. His salary at the time of *ne accident was £IBO per annum. He had no regular .hours of employment, but just did his work as he' could. He sat up all night at times?: ,■"' . "Bather like sweating, Mr Groves, to keep a man working all night" interpolated his Honour. Witness added that deceased was 69 years, of age. • To Ma- Brown: The viaiu© of McHmtcheon'is y estate was, roughly, about £2OOO. j Evidence was called to prove thatj at the meeting previous to his accident deceased was instructed fi? prepare ia report on the roads under his care. It was agreed that deceased could have no regular hours of duties, they being sso many and varied.

•Mr' Brown submitted,, that no cliajjalield tlmt a man going to the ba'se of his work was not. actually -at the time in the employ unless, h© was taking some special method of' conveyance which lie was bound to take ■ ©very-' pretended' that :'dec©a|©s > was on duty while he, was driving from Ms farm at Whakataki. Coun- i sel submitted that deceased was not J in the employment of the council at tlije time of the accident. He was only on the way to his employment. The accident did not arise because or out of his employment. "vv'fl-s lie inspecting tlie road when he was traveling over it ?" asked his Honour. , Counsel submitted that there- was no evidence on that point. His Honour: Was not the road from Whakataki to Tinui a main county road? Counsel (after enquiry) : That is so. iHe added that.'deceased was ing his own convenience in doing office work .at Whakataki. ""• . (' ..... Mr Jqrdan submitted isKai' opposing counsel nad v failed to distinguish between the case" of an ordinary worker travelling over a highway over which his employer ; had no control andtnjtt of an overseeY v over a road which: was. under control of his employer, the County Council. Counsel held that the deceased had been sent by his employer on some business of his employer. In reply to a question by his Honour it was ascertained that deceased had five permanent surface men under his control. Mr Jordan submitted that deceased was actually engaged in his work at the time of the accident. Decision was reserved.