CROSSING TRAGEDY.

Auckland Star, Volume LIX, Issue 269, 13 November 1928, Page 7

CROSSING TRAGEDY.

ARGYLE STREET ACCIDENT.

CLAIM FOR £2000 DAMAGES.

INADEQUATE WARNINGS ALLEGED.

Tragic circumstances in connection with an accident which occurred at Argyle Street level crossing, Morningside, on Saturday, December 24, were narrated in the Supreme Court this morning during the hearing of a claim for £2000 damages brought by George Samuel Brittain (Mr. R. A. Singer and Mr. H. G. Brodie) against the Railway Department. Mrs. Ethel Brittain was killed and a child of three was seriously injured in the accident.

The suit was made by the suppliant, on behalf of himself and his two sons, George and Cyril, aged 3 and 4 years, under the Deaths by Accident Act. Damages to the extent of £750 were also claimed by the child, George, for injuries, and £50 by the father for medical expenses.

The case was heard before Mr. Justice Blair and a jury. Mr. V. R. Meredith, i rown Solicitor, represented the Railway Department.

Prior to the hearing, his Honor, counsel for the parties concerned, and the jury made a visit of inspection to the site of the accident.

Allegations of failure to sound sufficient warning of the approach of the train, and of the insufficiency of the precautions taken to make the crossing safe for the public were made against the Department. The defence was based generally on the contention that there had been contributory negligence.

Detailing the events, Mr. Singer said Mrs. Brittain was walking from the Xew North Road, down Argyle Street at 12.30 p.m. and the train which struck her was travelling from Kingsland towards Morningside station. The only warning at tie crossing consisted of notice boards. The dead woman had been caught by the engine and carried half the length of the train before it was stopped, and was mangled in a terrible manner. The little boy was thrown In the air and landed in the pit of the cattle-stop, escaping fatal injuries. Since the accident, as a result of representations, a flashlight had been added to the warning signs, which, counsel submitted, were totally inadequate. The contour of the land, the curve in the railway line, and the fact that the winds made it occasionally difficult or impossible to hear the sound of the whistle and the noise of an approaching train were factors that made the crossing a dangerous one.

His Honor asked counsel to define the basis of the £2000 claim.

Mr. Singer said it arose out of loss of services of the wife as housekeeper and mother of the children.

His Honor suggested details of the tragedy, although it was of a grave nature should not be introduced, as they were quite foreign to the case.

Evidence that his wife's hearing was quite normal was given by George Samuel Brittain.