DUNEDIN TRAM ACCIDENT

Press, Volume LXXIII, Issue 22108, 2 June 1937, Page 10

DUNEDIN TRAM ACCIDENT

♦ Motorman Found Not Guilty MANSLAUGHTER CHARGE U'HESS ASSOCIATION TELEOBA&T.) DUNEDIN, June 1. A verdict of not guilty was returned by the jury in the Supreme Court today in the case in which Alfred Chapman/ aged 33, an acting-tramway motorman, was charged with manslaughter in that he killed John Kenny. The charge arose out of an accident on the Opoho tramline on April 15, when Kenny received fatal injuries through being struck by a derailed tram driven by the accused. The jury retired at 5 5 p.m., and returned with its verdict at 5.30 p.m. Chapman was discharged. Mr Justice Kennedy presided. Giving evidence, accused said he had been an acting-motorman since last September, and held a motorman's certificate. He described the events of the morning of April 15, before his tram left the Opoho terminus. On the I trip in question, he left the terminus at 7 35 a.m., with about seven passengers on board. The handbrake at the rear was released by the conductor, and the car started off, but, contrary to his expectations, it did not pull up on the magnetic brake as it should have, as he had the brake lever at the third notch. He could not understand this, and when the car had gone about three lengths he put the lever on the fourth notch. This did not improve matters, and the tram continued to gather speed, with the result that he realised there was something wrong. He put on the hand brake, which required, perhaps, two turns for effective application, and then six or seven or possibly more jerks at the finish. This had no effect on the speed of the car, which was increasing all the time, so he decided to use the third emergency. He performed three of the actions necessary for the application of this brake, but when he was about to complete the process the car left the line. There was nothing else he could have done. Witness saw Kenny, who seemed to be paralysed with shock, and who, after making an action as though to ward off the tram, was struck and carried through the fence. Witness said he did not suggest that the accident was due to his being insufficiently trained, or to lack of adequate knowledge. It did not occur to him that the greasiness of the rails might be responsible for the tram running away. In fact, he was certain that that was not so.