Lord Atkin.-

This is an appeal from judgments of the Court of Appeal in New Zealand in four proceedings which were brought to determine the liability of employers in respect of injuries to their workmen that occurred on the occasion of the serious earthquake in the Hawkes Bay District of New Zealand on 3rd February 1931. By the provisions of the Workmen's Compensation Act, exclusive jurisdiction is given to the Court of Arbitration to decide without appeal claims under the Act. But by a convenient procedure it is possible in New Zealand on agreed facts to obtain the decision of the Supreme Court on a question of law, the judgment being subject to the ordinary rights of appeal. In the present case proceedings having been commenced by originating summons were moved directly by order of the Supreme Court to the Court of Appeal, from whose decision appeal is now brought to this Board.

The provisions of the New Zealand Act, so far as liability is concerned, are identical with those of the English Act. The question is whether the workmen concerned suffered “injury by accident arising out of and in the course of their employment.” The parties agreed upon a statement of general facts and als