SHUNTING FATALITY

Evening Post, Volume CXVIII, Issue 95, 19 October 1934, Page 12

SHUNTING FATALITY

MANSLAUGHTER CHAKGE

SIGNALMAN FOR TRIAD

(By Teiegrap.h— Press Association.) . : "■.' : "AUCKLAND,-October 18.-. , The signalman, Ernest Harold-Strong, who was charged with manslaughter' arising out: of the . death of. ■■ Alaa Dunsniuir, a guard, in the Newmarket railway smash on the night of .October 2 pleaded not" guilty, and was committed to the Supreme Court for trial, bail being fixed at'£so. . \■ -, Claude McKiuuon Robert "Wilson, fireman, said that lie was on the platform side'ibf the train, the engine travelling in reverse position. Witness received a white light signal from the guard, and informed the driver, ,who acknowledged it with a blast from thewhistle. The train then commenced to back on to the,up train, line. Witness watched the guard's: light, and it was waving until the train was well .clear, of, the points of the shunting disc. There the guard stopped waving, aid showed a clear white light. Witness continued to, watch the light, and the next thing he knew ther. was a crash' and the train stopped. Witness said that when the .time came, to stop_ the train the guard would shpw a red light. Up to the time.of : the impact he had not received such a signal. . . Mr. E. H. Northcroft (for the accused) submitted that .in deciding" whether it was a prim a facie case Or not it would be necessary to consider the fact that a. yellow signal disc had beei showing, indicating that the train might proceed,-.but with caution. The accident was a consequence not of the negligence of the accused, but of negligence of the guard, who had proceeded without caution. It was' necessary for the police, to show that the victim's, death was a consequence•" of the act of the accused, and not as ; the result of some intervening cause.;' The Magistrate held that a-'prima facie case had' been established.