RISKS TAKEN.

Auckland Star, Volume LXIX, Issue 192, 16 August 1938, Page 10

RISKS TAKEN.

ON MOVING TRAIN.

"A CONSTANT ANXIETY.".

DEFENCE TO £1050 CLAIM.

"This is another case of people not waiting for the train to stop before getting off, a practice which is a constant anxiety to the railway people," stated Mr. V. R. Meredith, in opening the defence for the Crown in a claim made by Mrs. Henrietta Ethel Herbert in the Supreme Court to-day before Mr. Justice Callan and a jury of £1967 damages in respect to the death of her husband, Mr. C. H. Herbert, by train accident at Mercer railway station on October 30. "At Their Own Risk." The defence, added Mr. Meredith, was that persons who alighted from a train before it stopped did so at their own risk. Xobody had seen Mr. Herbert get off the train, but evidence would be brought indicating that he had got off the train while it wae in motion, had been dragged for some distance, and finally had fallen under a earria-ge. It would be shown that the verandnh Hghte of the station were lit at the time, and that the north and south floodlights in the station yard were on. Although the standard lights on the platform at the northern end were not burning, technical evidence would be given that the actual lighting on the station at the time of thj» accident to Mr. Herbert was of greater foot-lighting power than that required in city street areas. It would also be shown that the train on this occasion drew up at the station in just the usual manner. Train Crew's Evidence. Patrick Ryan; guard on the train, and Herbert Grupen, fireman, gave evidence that the train drew elowly into Mercer station and stopped as usual. They were both of opinion that, the verandah lights were on at the time, tie well as the floodlights in the station yard. Grupen said the engine was very near the water tank when he saw someone stumble and fall from a carriage, and called to the driver, who stopped the train at once. . John Dale, the engine driver, supported the fireman's evidence of bringing the train in and stopping it with the engine two or three feet short of the water tank when Grupen called out. He didn't observe the platform lights. That the train was stopped in a perfectly normal manner on the occasion, without any noticeable jolt, was etated by Ebor m! Wright, who was travelling in a horse box next the engine, in charge of some prize ehew horses. Station Lights Were On. Keith Barclay, railway clerk on duty at Mercer on the night of October 30. said the train came into the station in the usual way in all respects. As he was signalling the fireman with a handlamp to stop, there were a number ol people getting off the alowly-moving train. At the time the verandah 'ighte including ,the centre platform ligiit which made seven lights, were on, a? well as two others against the side oi the station, and the floodlights 4 n the station yard. The standard lights or the northern end of the station platform were not on. There were lights aJsc inside the refreshment room and the etationmaeter's rooni. shining through doors and windows. Witness said he had switched on the station platform lights mentioned; that was before the trair arrived at the station, perhaps It minutes before.

To his Honor: He aimed at getting the carriages evenly distributed along the platform in his signalling, and the train's movement indicated that hie signal was not being seen. To Mr. Meredith: There were a number of people getting off the train at the time, for refreshments, and their presence on the platform ..obscured his signal. Robert M. Fleming, clerk at Mercer Station, corroborated former witnesses as to the manner of the train's stopping, and the lights on the platform. He described marks seen next day indicating that someone had been dragged a distance of 20 feet by the train. (Proceeding.)