CLAIM FAILS.

Press, Volume LXIV, Issue 19467, 14 November 1928, Page 4

CLAIM FAILS.

SEQUEL TO LEVEL CROSSING SMASH.

(press association telegram.) AUCKLAND, November 13. The railway accident at tho Argyle street level crossing, between Kingsland and Morningside, on December 24th last, by t hich Mrs Ethel Brittain lost her life, and her son George, aged three, sustained severe injury, was the subject of a suit for compensation in the Supreme Court. The action wfts brought in the form of a petition of / Samuel Brittain, husband of the deceased, sued on behalf o$ himself and . bis two children, Cyril, aged four, and George, aged thr ® e » £ ° r £2OOO compensation; George Brittain, through his father as guardian ad litem, for £750 with respect to_ his personal injuries; flnd G. 8. Brittain also claimed £SO for medical expenses incurred. The petition contained allegations of the inadequacy of tho precautions for the safety of the public at the crossing and failure to give. sufficient warnings of tie approach of the train. The defence filed by the Crown was a general denial of the statements in the petition, with the alternative allegation of contributory negligence on tho part of deceased in not keeping a sufficient look-out. Tt the conclusion of the evidence Mr Justice Blair said he could not see that there was any evidence of negligence on the part of the Hallway Department, He could form no other conclusion than that Mrs Brittain could have seen the train approaching had she looked in its direction. The train was travelling at ordinary speed, slowing down on its approach to the Morningside station, and its whistle was sounded. It had been established that the crossing, was dangerous, but, of course, all crossings were dangerous. It was for the suppliants to prove negligence on the part of the Railway Department, and in the absence of that proof he considered it his duty to withdraw the case from the jury. The jury was accordingly discharged and judgment entered for tho Crown with costs.