SUPREME COURT.

Sun (Christchurch), Volume I, Issue 169, 22 August 1914, Page 11

SUPREME COURT.

RANGIOKA RAILWAY COLLISION. .# > - Further eviience was taken to-day in the case Banks v. the King, in which Frances Elizabeth Banks sues the Railway Department for £2OOO damages for the death of her husband, William Alexander Banks, who was killed as the result of a collision between the north line express and tiplorry he was driving. The fatality occurred on the High Street railway crossing, Rangiora, on September 12, 1913, and the case has already been adjudicated on by the Supreme Court, and the Appelate Court. The evidence given in this re-trial was the same as given in the prevous trials and reported at the time. The taking of evidence concluded at noon to-day, and his Honour, Mr Justice Denniston, put the following issues to the jury:—

(1) Was the crossing flagged on the occasion of the accident? (2) If it was flagged, was it flagged in such a way as to give reasonable notice to the deceased of the approach of the train? (3) If not, in what way was the flagging insufficient? (4) If the crossing was not flagged, or not flagged so as to give reasonable notice, was such omission or neglect the real, direct, and immediate cause of the collision? (5) If the Department had been negligent could the deceased have avoided the collision by the exercise of reasonable care? (6) If "Yes," in what way could he have done so? (7) Is the suppliant entitled to damages, and if "Yes," to what amount? (8) If "Yes," then in what shares should such damages be divided as between the suppliant (the widow) and the children?

After Mr Macassey, for the defence, had outlined his case, the court was adjourned for luncheon. (Proceeding.)