ACTION DISMISSED.

Auckland Star, Volume LXIII, Issue 209, 3 September 1932, Page 11

ACTION DISMISSED.

TRAIN PASSENGER INJURED. ALIGHTED ON WRONG SIDE. (By Telegraph,—Press Association.) DUNEDIN, Friday. Annie Munt, of Wellington, claimed £750 damages from the Railway Department as the result of an injury caused to her foot when she was alighting from a train at Weddcrburn in May, 1031. Plaintiff contended that the train started as she was alighting and that the injury was caused by negligence on the part of the train officials. In his reserved judgment, delivered today, Mr. Justice Kennedy held that a passenger whoso train stopped at a station which he or slle had never before visited could not rely -"upon there being a platform opposite her carriage, it being proved that in the Dominion trains stopped at many places where there were no platforms, or where there were platforms of inadequate length to permit of a passenger stepping on to the platform. Plaintiff alighted on the wrong side of the train and the guard might without negligence assume after a reasonable lapse of time that the passengers had left the carriages, when he had no reason to believe otherwise. The action was dismissed with costs.