SUPREME COURT

Dominion, Volume 10, Issue 3180, 3 September 1917, Page 9

SUPREME COURT

A WIDOW'S CLAIM

In tho Supremo Court on Saturday,. His Honour Mr. Justice Jlosking aiid a jury of twelve resumed tho hearing of the case in which Willy M'Laren claimed from the Itaihvay Doparimeut £1000 damages in respect o£ her husband's death. The ease arose out of an accident in which Private Andrew M'Laren, a member of the lteinforcements; lost .his life. M'Laren was travelling back to Trentliam in a troop train, the carriages on which had'no platforms. M'Laren opened a door and stepped out, with the result that he fell between two carriages and was killed. The widow claimed that tho accident was duo" to negligence on tho part -of tho liailway Department. Mr. P. ■ Levi appeared for the plaintiff, and Mr. P. 8. X. Macassey for the defendant. Mr. Macassey on Saturday submitted that judgment should bo entered for the defondant or that tho plaintiff should bo nonsuited on the following grounds:— That thero was no evidence of dependency, that M'Laren's death was not due to ncgligenoo on the part of the servants of tho Railway Department, that M'Laren, knowing that there was no platform at tho end of the wagon, deliberately attempted to croBS to anothor x carriago, that ho disobeyed a military order, and that his death camo about through his own carelessness, as ho had been drinking. The jury returned a verdict for tho plaintifl for' £225 damages. Judgment was not entered, as argument upon law points iB pending.