Hi folks. Complete the Papers Past survey to let us know what you’d like added over the next few years. ×
Article image
Article image
Article image
Article image
This article displays in one automatically-generated column. View the full page to see article in its original form.



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.

This article text was automatically generated and may include errors. View the full page to see article in its original form.
Permanent link to this item


Bibliographic details

DEATH OF SHUNTER, Auckland Star, Volume LXXVI, Issue 182, 3 August 1945

Word Count

DEATH OF SHUNTER Auckland Star, Volume LXXVI, Issue 182, 3 August 1945

  1. New formats

    Papers Past now contains more than just newspapers. Use these links to navigate to other kinds of materials.

  2. Hierarchy

    These links will always show you how deep you are in the collection. Click them to get a broader view of the items you're currently viewing.

  3. Search

    Enter names, places, or other keywords that you're curious about here. We'll look for them in the fulltext of millions of articles.

  4. Search

    Browsed to an interesting page? Click here to search within the item you're currently viewing, or start a new search.

  5. Search facets

    Use these buttons to limit your searches to particular dates, titles, and more.

  6. View selection

    Switch between images of the original document and text transcriptions and outlines you can cut and paste.

  7. Tools

    Print, save, zoom in and more.

  8. Explore

    If you'd rather just browse through documents, click here to find titles and issues from particular dates and geographic regions.

  9. Need more help?

    The "Help" link will show you different tips for each page on the site, so click here often as you explore the site.