Herbert Reginald TILBROOK [2595]

  General Notes:

1904 SA Birth TILBROOK Herbert Reginald, Herbert TILBROOK Emily LOFTUS Frome 731/134
1929 SA Death 509/518 TILBROOK Reginald Herbert undefined Frome (Resided: Orroroo)

The Advertiser (Adelaide, SA : 1889 - 1931) Thu 17 Jan 1929
Death Notices:
TILBROOK. -On the 12th January, result of accident, Reginald Herbert, beloved husband of Olive Tilbrook, of Orroroo, leaving wife and two children to mourn their sad loss. Aged 25 years and 8 months.
TILBROOK. -On the 12th January, at Orroroo, result of accident, Reginald Herbert, beloved son of A. H. and E. Tilbrook, of Morchard.

News (Adelaide, SA : 1923 - 1954) Wed 2 Oct 1929
Compensatidn Appeal
Henry Candahar Harslett, carrier, of Orroroo, appealed to Mr. Justice Angas, Earsons. and Mr. Justice. Napier in the Banco Court today against an order made, by Mr. H. G. P. Nesbit, S.M., in Orroroo Local Court that he should pay £600 compensation on acscount of the death of Reginald Herbert Tilbrook, former employe. Olive Gladys Tilbrook, Wiidow of R. H..Tilbrook, of Orroroo, and the Public Trustee, of Adelaide, were respondents. Appellant sought a reversal of the order of the magistrate, contending that it was bad in law and against the evidence and weight of evidence. Mr. H. G. Alderman appeared 'for. appellant, and Mr. S. H.. 8kipper for rospondents. Judgmen t was reserved.

The Advertiser (Adelaide, SA : 1889 - 1931) Thu 3 Oct 1929
WORKMAN'S DEATH
APPEAL TO FULL COURT
Before Mr. Justice Angas Parsons and Mr. Justice Napier, in the Full Court yesterday, Henry Candahar Harslett, carrier, of Orroroo, sought a reversal of an order made by Mr. H. S. P. Nesbit, S.M., in the Orroroo Local Court. In the lower court Olive Gladys Tilbrook, widow, of Orroroo, and the Public Trustee, on behalf of Maude Frances Penna and Kenneth R. Tilbrook, infants, claimed that on January 12, 1922, Reginald Herbert Tilbrook, while in the employ of Harslett, received injuries from which he died. The magistrate found that the accident arose out of and in the course of employment. He held that the respondent was liable to pay £600 compensation, £300 of which was to go to the widow and £150 to each child, to be paid to the Public Trustee. The appellant sought to have this order reversed. Mr. H. G. Alderman appeared for the appellant. Mr. S. H. Skipper for the respondent. Judgment was reserved.

The Register News-Pictorial (Adelaide, SA : 1929 - 1931) Thu 3 Oct 1929
FATAL TRUTH IN MAN'S REMARK
"Will Make Cigarette If I Die"
FALLS FROM LORRY: KILLED
"I WILL make this cigarette if I die in the attempt," said Reginald Her bert Tllbrook, labourer, to some work, mates on a lorry on which he was being driven from a job near Orroroo. A few seconds later he was dead - run over by a wheel of the lorry from which he had been when standing up making his cigarette. These circumstances of Tilbrook's death were told the Full Court yesterday when his employer, Henry C. Harslett, carrier, of Orroroo, appealed against the order by the Orrorro Local Court that he should pay £600 compensation to Tilbrook's dependents -a widow and two children. The question argued was whether in the circumstances the accident arose out of Tilbrook's employment. It was submitted by Mr. H. G. Alderman for Harslett that Tilbrook met his death through an added peril for his own purpose -not on incident of his employment. He said that one cigarette was blown out of Tilbrook's hands when he was standing up in front of the lorry. To make another cignrette he partly turned his back to the way the lorry was going and fell off. Mr. Skipper (for Tilbrook's dependents) contended that as it was shown, that Tilbrook had been engaged in employment, the onus was on Harslett to prove that Tilbrook had departed from that employment. Judgment was reserved.

News (Adelaide, SA : 1923 - 1954) Tue 15 Oct 1929
APPEAL DISMISSED --
Orroroo Compensation Case
Judgment was delivered in the Full Court this morning by their Honors Mr. Justice Angas Parsons and Mr. Justice Napier in the matter can appeal against the order made by Mr. H. G. P. Nesbit, S.M., in Orroroo Local Court, that Henry Candahar Harslett, carrier, should pay compensation on account of the death of Reginald Herbert Tilbrook, a former emloye. Olive Gladys Tilbrook, widow, of R. H. Tilbrook, of Orroroo, and the Public Trustee, were respondents. Appellant sought a reversal of the order of the magistrate, contending that it was bad in law and against the evidence and weight of evidence. Mr. H. G. Alderman appeared for appellant, and Mr. S. H. Skipper for respondents. Mr. Justice Napier said the onus was on claimants to prove their case, that the accident arose out of and in the course of the employment. It was agreed that the accident took place during and in the course of employmeht. The real issue upon the evidence was whether the deceased did anything which amounted to serious or wilful misconduct or took him beyond the scope of his employer's instruction to return as passenger on the lorry. The statute recognised that workmen were human beings, and. were not exempt from common failings of humanity. Most people, added His Honor, acted thoughtlessly at times, and men grew careless in the presence of familiar dangers. That negfligence was covered, within the bounds of reason, but serious or wilful misconduct, or which imposed a different risk, not covered by the statute. The action of deceased in rising from his seat in the lorry to light a cigarette, was not unreasonable or extraordinary. The appeal was dismissed with costs.

Herbert married Gladys Olive PENNA [2598] [MRIN: 868], daughter of John Joseph PENNA [12330] and Unknown, on 18 Mar 1924 in Methodist Parsonage, Orroroo, South Australia. (Gladys Olive PENNA [2598] was born circa 1897 and died on 4 Mar 1969 in Beaulah Park, Adelaide, South Australia.)

  Marriage Notes:

1924 SA Marriage 298/817 TILBROOK Reginald Herbert PENNA Olive Gladys Frome