FRANKTON FATALITY.

Auckland Star, Volume LX, Issue 18, 22 January 1929, Page 10

FRANKTON FATALITY.

"NO DOUBT AS TO CAUSE."

THE CORONER'S FINDING. ENGINE DRIVER EXONERATED. (By Telegraph.—Own Correspondents HAMILTON, Monday. The inquest int othe death of Alexander John Hamilton (31), of 41. Greenwood Street, Frankton, labourer, who met his death in the level crossing accident at Forest Lake Road 011 December 1, was concluded this afternoon before Mr. Wvvern Wilson, S.M., coroner. A car, driven by Patrick Deegan, a miner of Pukemiro, struck a goods train from Mercer at the Forest Lake Road crossing, Frankton, 011 the afternoon of December 1. Mr. Hamilton was killed and three other passengers, I'harles Scown, aged 10 years, Mary Scown, aged ti years and Mr. C. F. H. Scown, all of Frankton, were injured. As the result of the coroner's iinding

Deegan was arrested on a charge of being intoxicated while in charge of a car. He appeared at the Magistrate's Court at Hamilton and was remanded. Arthur Johii Denz, driver of the train, said that on approaching the crossing he gave a long blast of his whistle. The train was then about 150 yards from the crossing. He 'ftas keeping a good look-out and saw tffi car, when both the car and the train were about tiO yards from the crossing. Each was travelling at about 20 miles an hour. He did not know the intentions of the car driver, and as a precaution against accident, witness applied the emergency brake. He had never regarded the crossing as a dangerous one. He considered Deegan was under the influence of liquor and was not in a fit state to have charge of a car.

At the conclusion of the evidence, the coroner remarked that the evidence left no doubt as to the cause of the accident. Apparently Deegan and Scown had been on a round of drinking at various hotels before lunch and kept it up during a good portion of the afternoon. Then then left for Ngaruawahia, intending to get more liquw. The driver of the car

failed to observe the approach of the train at the crossing. He said he never saw the train, and there seemed to be a reason for this—the quantity of liquor he had consumed. Very impartial evidence had been given that the train whistle was sounded. The driver of the engine apparently took every precaution when approaching the crossing, which does not seem to be a very bad one.

The coroner found: "That Alexander John Hamilton died at the Waikato Hospital 011 December 1, 1928, and that his death was caused by internal injuries and shock, sustained through a collision at the Forest Lake Road railway crossing between a railway train driven by A. Den/, and a motor car driven by Patrick Deegan, in which car Alexander John Hamilton was a passenger, and I do further find that the said Patrick Deegan, at the time of the said collision, was in a state of intoxication and did negligently drive the said car and did fail to keep a proper and vigilant look-out for approching trains at the said crossing, and F do further find that the whistle of the train was sounded when approaching the crossing, and that 110 lilanir for t l, • collision is attachable to the driver of the train."