DEATH OF SHUNTER
RUN OVER BY CARRIAGE
A FINDING OF NEGLIGENCE P.A. CHRISTCHURCH, this day. A finding of negligence by the Railway Department in not enforcing the rule prohibiting the use of the Westinghouse brake except in an emergency and for allowing such unauthorised practice to continue, was returned by a jury in the Christchurch Supreme Court yesterday. The case concerned a petition of right against the Crown for £4000 and funeral expenses by the Public Trustee as administrator of the estate of George Alexander Anderson, railway shunter, who was killed at Christchurch on July 5,1944, when on the end of a carriage which he was holding. In swinging round to turn the Westinghouse brake the tap came away and he fell and was run over and killed. The jury also found negligence by the Department for allowing defective and unsafe equipment to remain attached to the carriage. They also, however, found Anderson guilty of contributory negligence by adopting the practice of using the air brake instead of the hand brake to stop the rake of carriages. The jury awarded the full amount of damages claimed, £4000. Because of the finding of contributory negligence, his Honor said he could not enter judgment. Mr. K. G. Archer, who appeared for suppliant, asked for time to consider his position.
Mr. A. T. Donnelly, who with Mr. A. W. Brown represented the Crown, had asked if judgment would be given for respondent, but his Honor said he would reserve the whole matter, allowing suppliant 14 days in which to apply for a new trial if desired.
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DEATH OF SHUNTER, Auckland Star, Volume LXXVI, Issue 182, 3 August 1945
DEATH OF SHUNTER Auckland Star, Volume LXXVI, Issue 182, 3 August 1945
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