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I Abergavenny County Court.

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I Abergavenny County Court. I Monday.—Before His Honour Judge Hill Kelly. I Compensation and The Army Interesting Case. A decision of great importance to men who are in receipt of compensation and who are called upon to join the Army was given by His Honour in a case in which Robert John, formerly employed as a collier at Blaenavon, and now acting as an assistant stableman in the Army Service Corps at Bedford, claimed for con- tinuance of compensation from the Blaenavon Company Ltd. in respect of an accident which he met with while in their employ on July 25th, 1913. While engaged in cutting timber a particle of wood flew into his right eye, the sight of which he had lost in consequence, while the sight of the left eye had also been permanently impaired. The injury totally incapacitated him until the 24tll of January, 1914, and he was paid compensation up to that time at the rate of fj per week. Subsequently he worked as a colliery labourer, and later as the caretaker of the Blaenavon Liberal Club, earning 30S. per week, and receiving 6s. 7d. per week from the Company as compensation. In December last he was taken into the Army, and in January his com- pensation was stopped. He was earning i is. 6d. per week in the Army, and he asked his Honour to award him what compensation he thought he was entitled to from the 1St of January this year. Mr. Sr. John Francis Williams, barrister, in- structed by Messrs. T. S. Edwards & Co., New- port, was for the applicant, and Mr. Arthur J. Prosser (Messrs. Kenshole & Prosser, Aberdare) represented the respondents. In opening, Mr. Francis Williams, after re- lating the circumstances under which the claim arose, said that when John was taken into the Army in January he was placed in B2. Since then, by reason of his defective vision, he had been reduced to Ci. The respondents now con- tended that he had sufficiently recovered from the effects of the accident to be able to resume his work as a collier, and, alternatively, that he could earn a sum equivalent to what he earned prior to the accident— £ 2 3.3. 2d. per week as a colliery labourer. He (counsel) admitted that he was physically capable of working as a labourer, but denied that he could earn, in that capacity, the sum stated. His vision was too defective to permit of his resuming Nvorr- under- ground as a collier. Applicant stated that in consequence of the accident he lost the whole of the sight in the right eye. The left eye was also very weak, and he suffered from pains in the head consequent upon the defective sight. He could not resume work as a collier owing to the condition of his sight. When he commenced light work he was put to tip coal, and the work was such that small coal continually got into his eyes, with the con- sequence that the left eye was being further injured. He also had pains in his head, and when he complained to his doctor he was advised to get ir.door employment. As a result of that he sought and secured the position of caretaker at the Blaenavon Liberal Club, and while he was there he continued to receive 6s. 7d. per week as compensation. Dr. A. H. James, Blaenavon, spoke to having attended John since the accident, and said that it was on his advice that John had obtained indoor employment. The sight of the right eye had gone altogether, and the sight of the left eye was only from a quarter to a fifth of the normal sight of an eye. The pains in the head were caused by the defective sight, and he could not resume work underground. By Mr. Prosser John was fit to do the work cf a surface labourer. Dr. Cresswell said he examined John on May nth, and he agreed with Dr. James as to the condition of his eyes. John's sight was ex- tremely defective and he was not fit to resume work underground. Replying to Mr. Prosser, witness said he was aware that many men who worked underground had only one eye. He thought that John's left eye had always been defective, and that by he accident he had lost his good working eye." This concluded the evidence for the applicant, and Mr. Prosser called Thomas Henry Whitney, clerk and cashier in the employ of the Blaenavon Company, who stated that the Company had all along been willing to provide John with work, either as a collier or colliery labourer. If he had accepted work in the latter capacity he would have been earning £ 2 Ös. gd. per week under the scale in operation since July, 1915. In answer to counsel, witness said that the figure he had named was that obtainable from a full week's work. The collieries did not always work full time, and he could not deny the assertion that since October last the colliers had only worked an average of four days per week. His Honour asked Mr. Prosser if he had any further evidence as to the regularity of the work. Mr. Prosser replied in the negative, and added that he could not say that the man would have been able to earn more than 32s. per week, having regard to the stop days. His Honour Then the applicant most con- tinue to receive the amount be has received in the past. His Honour remarked that it was somewhat remarkable that a man in the Army should continue to receive compensation, and in the course of a conversation with Mr. Francis Williams on the legal aspect of the position said it was peculiar that while an able-bodied man had to 'be content with the Army rates of pvv, a man in receipt of compensation had the Army pay and compensation as well. That seemed to be a hardship on the able-bodied men. Mr. F. Williams It is one of the anomalies. His Honour It means that a man who has been injured is in a far better position, for once, than the man who has not been injured. Mr. Francis Williams All these cases lead to madness if studied too closely, so I have given over thinking of them for the present. (Laughter). His Honour made an order for the continuance of the compensation at the rate of 6s. 7d. per week from the ist of January, with costs on Scale B. Partition of Property. I An interesting claim under the Partition Acts was brought by William Watkins, 7 Trinity- street, Abergavenny Charles Ernest Watkins, Stepney-street, Llanelly, secretary of the Y.M.C.A. and Olive Elizabeth Hamblen, Holmdene, Baroness-place, Penarth, wife of S. G. Hamblen, of the same address, against Edgar T. Bryant, ventilating engineer 14, Churchways Avenue, Horfield, Bristol, as trustee under the will of the late Thos. Watkins, of Abergavenny. Plaintiffs claimed the sale of certain leasehold property, being 39 Chapel- road and 7 Trinity-street, Abergavenny, and the distribution of the proceeds among the parties interested. Mr. T. John, of Cardiff, appeared for the plaintiffs. His Honour ordered that affidavits should be filed and inquiries made, as provided by law, before the case was heard.

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