THE TRAMWAY CASE.

Auckland Star, Volume XXXVIII, Issue 53, 2 March 1907, Page 7

THE TRAMWAY CASE.

.jjOroKMAST'S ALLEGED NEGLIGENCE. ~a£i<33SPRA3jE BE3EEVE3 DECISION. ■" After we went to press yesterday the ■"'Allowing evidence in connection with ..jhe flfleg 64 negligence of a tramcar " named Herbert Hassell, was t arei re G - a Eettle > S.M.:— (Another. TOtness called for the prose--gatian was Charles R. Jones, a carter, ' who said he saw the collision take place ' while returning from the Parhell dis'•"lriet- Witness was on the left hand •iide of the iwad when Con-way, -who was his proper side of the road, passed jam. The defendant's car passed him et 30 or *" TaE d s f ronl where the acci- . ient happened. The man who was ant ' ill-uniform had hold of the handles of ■"-•■ th c, car j^ 6 before the accident happened. The speed of the cut first drew -• Jis attention. He thought that the speed of the tram car was greater than that at which an express train, close by, \ras running. The tram car was from 35. to- 40 yards behind Conway when he (Conwav) put up Jiis hand. If the defendant had <pu,t on his brakes at thai jjms there would not have been an accijjknt. ' To Mr. Newton: Witness did not hear 8 irong sound before the accident happened- The ear ran about its own length .after striking Conway's cart. * This closed the case for the pxosecu- • jmjn;' ? Defendant, sworn, said he had been a. Botorman in the employ of the Tramway Company for two years. During that time lie had never had an accident. On the day in question he was in "charge of the car. Wm. Henry Ralph, a learner, •was at the handles just before gie <£ir struck Con-way. On level roads the cais could not run at more than 10 ax 12 miles an hour, but on a down ■ grade they could run at much greater meed. For some distance the car kept -" natt with the train, but the train aftermxAs got ahead of the car. Just before getting to the curve in the road past Short-street, the learner cat off the power, and the brake was applied a-t the (arye. Just on passing Short-street he "noticed some vehicles on the road. The gong -was rang from Short-street. By the learner: The. application oi the ratchet brake and .the cutting off of fte yower caused the car to slacken Epeed. The car would run more than '200 yards without the current. None of. the vehicles were on the travelling track £hen. As so<sa as .the learner put on the emergency brake, defendant, stepped in front. of him and took charge. The car would he about 20 yards behind Conway -when the learner put on zhe emergency brake. Then he saw C-onway trying to clear the line., and pass the dray, when his car struck Conway'a tart The car '"skidded" after the application of the emergency hrake owing to the rails being "greasy." The ear would then be running at eight miles an hour. He could not say how tar the car Skidded," He could not do more Jhan was done. The accident took ietween poles 331 and 332. To Sergt. Hendrey: The action of the emergency hrake was not always immediate. Ccnway did not pull sharply on to. the tram track. The first intimation deSindant had that Conway ras i to the line was when he (defendant) was from'2o to 25 yards iri-h Coaway'e cart.- Defendant's ear struck the right hand corner of Convsnay's cart, which' was nearest the tram line. In his . -report to the company on the accident.. . defendant did not mention the fact thai. % the car "skidded." He did not think it > material or important to do so. i To Mr. Kettle: The car would either Bkid or when the brake was applied on dry rails. To Sergt Hendry: He could not tel* ibow far the" car could run after the . emergency brake was applied. To Mr. Kettle: He-never examined the rails to see if they were "grea-sy" st that part. It was only a "guess" that , 4he line was "greasy." William Adams Williams, a boarding house keeper, Symonds-street, said he . was sitting in the front department 01 ihe tram car, and had a clear view of , the road along which the ear was travelling. Tie car was running at the rate »f seven or eight miles an hour, and the speed of the car did not, in his opinion, increase jnst before the accident. Wit- - Bess, corroborated the defendant's state- / meats as to the sounding of the gong. I the positions of the dray and cart, anu a ifhe dietance 'between the car and the cart "when the brakes were applied. I . To. Mr. Kettle Witness thought the ' cart had time to get clear of the li-ie - iefore the car reached it. . To Sergt Hendrey: He did not feel the j ftpplkation of the brakes, ox nova a I hoise made as if the car "skidded."' % . Harold Lowndes, painter, and a pas- .' Benger in the espres3 train, said that l>oth the speeds of the train and tram increased from eight to fifteen miles an tour, and then, the speed of the car decreased to about eigh*- miles an hour iefore it reached the bend in the road. He saw the car strike the cart, liie I irain. maintained its speed of 15 miles an iour. To Sergt Hendry: Witness saw ConBay tossed into the air when .the ear Etruck his cart. Hugh Gresham. inspector of scaffolds, Rtho was on. the defendant's cax, ako gave evidence. William Henry Balph, a conductor, asbo was learning the use of the brakes m tiie.car, corroborated the defendant's . eridenee. ■_ To Sergt. Hendrey: If a drunken man ICJon'the tram line 100 yards disz^iit fajm the car, he .wouid immedl&teiv opPly the 'braka He was 20 yards "from I the cart when he began -'gangmg. ,, Sergt. Hendrey. But "gonging" would Dot stop the car? ; Witness: Jfo; I sounded the gong to , let them know 1 was coming. (Laughter.) I tv 0 *" Kettle: Witness cßd not know j ewi2,t-ordkaj-y speed was. . This closed the ease for the defence. His Honor reserved his decision.