Deeble v Nott [1941] HCA 11

Cons

Appl . Appl 1S fierce Many Assurance V Defendant, Health 'Saunders 1983] 1 Management 1987) 11 dR 907 Unit [2000] 3 KWL 363 NZLR 475 1 HIGH COURT [1941. {HIGH COURT OF AUSTRALIA.] DEEBLE "ys eA epee ae eee A PPRETANTS, PLAINTIFF, AND NOMS = 5 5 : : 2 : 3 . RESPONDENT. DEFENDANT,

ON APPEAL FROM THE SUPREME COURT OF NEW SOUTH WALES.

H.C. or A. Railways—Gratuity—Retirement from service—Incapacity—' Bodily injury" —

1941, SH

SYDNEY, April 7, 8, 21.

Rich A.C.J., Starke, McTiernan and Williams JJ.

Paralysis agitans or similar disease—Aggravation or acceleration—Government Railways Act 1912-1934 (N.S.W.) (No. 30 of 1912—No. 28 of 1934), sec. 116.

Sec. 116 of the Government Railways Act 1912-1934 (N.S.W.) provides that "a gratuity . . . shall be payable to any officer who is incapacitated from the further discharge of his duties by reason of bodily injuries received in the course of his duty, and who retires from the service."

The plaintiff in an action for a gratuity under sec. 116 of the Government Rail- ways Act was incapacitated from the further discharge of his duties by reason of a nervous disease which involved some organic deterioration of the brain cells, and retired from the service. For some years he had worked as a turner at a lathe which was defective, and in 1933 was injured while working thereat. On his return to work he was again put on to the lathe, which was still defective, but he became increasingly nervous, owing to fear of another injury, and ultimately refused to work on it any longer. He was put on another machine at heavier work. His nervous condition became steadily worse, until he became incapacitated for further work. According to the medical evidence, the plain- tiff's disease was not caused by his work, but a medical witness called for the plaintiff said that the plaintiff's condition as a whole could be, and in his opinion was, greatly aggravated by working at the defective lathe in constant fear of danger and subsequently at the heavier machine.