RAILWAY FATALITY.

Auckland Star, Volume XXXI, Issue 54, 5 March 1900, Page 8

RAILWAY FATALITY.

ADJOURNED EN QUEST

The adjourned inquest on. the death of Arthur Edward McKillip, the victim of the railway accident at Mount Eden on February 26th, was held this morning at the Eden Vine Hotel by Dr. McArthur, Coroner. Sub-Inspec-tor Wilson and Sergt. Walker appeared for the police. Mr J. K. Eeecl appeared for the Amalgamated Society of Railway Servants, Mr Theo. Cooper for the Kail-way Department, and Mr Diss, District Hallway Engineer, watched the case on' behalf of the Department. Mr J. C. Parr appeared for the widow of the deceased. Mr A. V. Macdonald, Locomotive Department, Railway Workshops, was also present. Dr. Norman McKay Grant deposed that he was called to the scene of the accident on February 26th. He saw deceased in an unconscious state at the Mount Eden railway station. On examination of the body he saw a few slight injuries to the head and scalp, and noticed bleeding from the mouth, ears and nose. He concluded deceased was suffering from fracture of the base of the skull. He dressed the external wounds and ordered deceased to be removed to the Hospital. He also saw the man Warren, the other victim. He had injuries, but not serious. He was in a dazed condition, and appeared to be suffering from slight concussion. By Mr Heed: Warren was quite sober. John Warren .deposed that he was a line ganger. On the Monday afternoon in question he was employed on the railway line near the Khyber Pass bridge. He lived at Mount

Eden railway station. At 5 o'clock he left work and returned on a velocipede provided by the Government. He passed along the line opposite the gaol. Near the Nornmnby Head —a level crossing—he overtook deceased. Deceased got into the velocipede (which is about six feet long-) on the front and sat with his back towards the direction of motion. They proceeded towards the Mount Eden railway station. Just as they got round a rock spur witness saw the engine in front of him. The pace of the velocipede would be about six miles an hour. On seeing' the engine witness said "Here's the engine" and applied the brake. Deceased, in all probability, heard him (witness) say this. Almost- immediately they collided with the engine, and witness knew no more than the crash until he recovered his senses in bed. He knew the ballast engine was along the line. In a general; sense the engine might be expected to go through any station between 7 a.m. and 6 p.m.

except during hours when it was prohibited from running. It was the duty of an engineer to whistle when leaving- a station with an engine. He did not hear any whistle, but it- is quite possible that it was sounded. The station was considerably under a quarter of a mile from the place where MeKillip joined him. It was not strange that he heard no whistle, since the noise made by the velocipede was considerable. The rocky spur at the corner obstructed his view to a certain degree. Till he got round this spur lie did not see the engine.

By Mr Cooper: Deceased was employed in the workshops at Newmarket, and had left work and was on bis way home. He was really not permitted by regulations to ride on the velocipede. As a matter of fact witness broke the regulations in taking him on. He had had a circular on the Saturday notifying "that the ballast train would be on the line on Monday. He knew the time at which th.» Helensville train was to leave Newmarket, (5.23), and that the ballast train would require to leave Newmarket not later than 5.8. It was live o'clock when he left Kyber bridge. He thought- the ballast train would not* have arrived at Mt. Eden at 5 o'clock, and would therefore wait until the Helensville train had passed. He therefore proceeded to his home. He had the running time of the ballast train, which, by the circular-, could run be-w-een 3 and 6 p.m. The flag was on the velocipede. The ballast train had no necessity to run that-evening; it could stable anywhere. He had no right to make any. complaint or to say that the ballast train had no right to be where it- was. In witness' opinion it was a pure accident.

By Mr Reed: The ballasting to.be done was on the other side-' of Helensille at the newsection, Makarau. The ballast was being got from the Mount Albert pit. The regular running of the train would be between Mt. Albert and Makarau, which did not include the section where the accident occurred. The sole purpose of the ballast train coming to Newmarket was to stable. No specific notice was given him as to where the train would stable. A ballast train is supposed to be in a station and clear of the line at least 15 minutes before the time of departure of an ordinary train. The accident occurred about five minutes after five. It would take barely four minutes, in witness' (.pinion, for the train to go from the scene of the accident to Newmarket, assuming It to be travelling at the top speed allowed (20 miles per hour). His watch was timed by railway time every day. He looked at it before ceasing work, and the time was exactly live when he started borne on the velocipede. The train would have to go at 20 miles an hour in order to just get in 15 minutes before the Helensville train. Under these circumstances he assumed that the chances were against any train cutting in. The train consisted of an engine and van. He believed that the engine had to take 16 waggons of stuff from Mt. Albert,to Makarau. At certain sections the train would have to split and take the waggons in sections. He estimated that it would be impossible for the ballast train to return before the ordinary 5.23 Helensville train. He had no official notification that 16 waggons were to be taken

By Mr Parr: Gangers had to use a great deal of judgment and discretion, or they could'do very little work. He did not know whether* it was a usual thing for a ballast train to run at limit speed between Mt. Eden and Newmarket. The train must have left Mt. Eden at about 5.3, which would give it barely 5 minutes for it to get to Newmarket. It was a little under a- mile and a-half between Newmarket .and Mt. Eden. He gave Mclvillip a ride because he was a fellow employee. He had given him a ride before. He did not attach the slightest blame to McKillip. George Sheriff, acting engine driver, deposed that on Monday 26th, he Avas in charge of the ballast train, when he was working at Makerau, beyond Helensville, where he .was conveying ballast from Mt. Albert, but that day he took 12 waggons and a van from Mt. Albert to Makerau. He left Auckland -at seven o'clock. We delivered

our load at Makerau and brought back the empty waggons to Mt. Albert. He left Mt. Albert- in-the-evening- at eight minutes to five. The train of a ballast van only. He reached Mt. Eden station at 5.2, and at a'signal from the station-master proceeded on after slowing to about four miles an hour. He blew the whistle at the signal. After passing under the bridge and •about 50 yards further on he saw the velocipede com.ng round the bend. He reversed the engine, put steam against it and blew the whistle. The distance, however, was too short to prevent the accident. The two men on the jigger were thrown clear of the line. The speed was about four .miles at first, and was gradually increasing at tbe time -of the accident. He had a guard and fireman with him. His time for the Mt. Albert. —Makerau trip and back was usual time taken. He had run there before, but never on a. ballast train. The ballast train was usually faster than an ordinary train. He had been an acting engine driver for two and a-half -years.

By Mr Cooper: At Mt. Eden witness was signalled to go on, and seeing the jigger, did all in his power to stop the engine.

By Mr. Reed: He received no- instructions iin town as to the amount of ballast awaiting him. He found sixteen waggons of it at Mt. Albert. He could have taken it- all at once by "double rake," but that would have taken longer. The guard assigns the load to the engine. Had it not been the first day he should have taken the sixteen trucks. Had he taken the sixteen trucks on that particular day he would not have been able to get in before the 5.23 train. He usually travelled about 15 miles an hour between Mt. Eden and Newmarket. At the time of the accident the speed was about six or seven miles per hour. He had six minutes to get to Newmarket from Mt. Eden, and at the usual speed. He could get, there in the time. When a driver received a signal to proceed, that freed him from any responsibility.

Peter Walker, dealer, of Eden Terrace, gave evidence as to witnessing the accident from Mt. Eden bridge. The train left the station at the ordinary pace, according to witness' experience of some years.

William Webster, guard of the ballast train, gave evidence mainly corroborative of that of the driver. He could not recollect a whistle being blown on leaving the station, but one was blown on approaching (he station. In witness' opinion the driver did everything in his power to avert the accident.

Samuel Harris, Mt. Eden stationmaster, gave evidence as to signalling the ballast train to proceed. In witness' opinion there was ample time for the ballast train to reach Newmarket in time. "Witness did not know that Warran was coming- up thcline on the velocipede at the time. Witness allowed five minutes to go from Mt. Eden to Newmarket. It was not part of witness' duty to consider where the ganger is, but if he had known he would have advised the- driver. By Mr Parr: He did not know that the"ganger would some home in that way. He did not know the ganger's exact position between Mt. Eden and Newmarket. THE VERDICT. The jury then retired and after a short deliberation returned a verdictof accidental death, with a rider to the effect that the rocky spur be at once removed, as it constituted a danger to human life.