COMPENSATION CLAIM FAILS

Evening Star, Issue 20023, 14 November 1928, Page 12

COMPENSATION CLAIM FAILS

A CROSSING TRAGEDY [Per United Press Association.] AUCKLAND, November 13. Tiio railway accident at the Argylc street level crossing between Kiugsland and Morningsidc on December 21 last, by which Mrs Ethel Urittaiu lost I her life and her son, George, aged throe years, suffered _ severe injury, was the subject of a suit for compensation j,n the Supreme Court. The action was brought in the form of a petition of right. , , George Samuel Brittain, husband or tho deceased, sued on behalf of himself and his two children—Cyril, aged four, and George, aged three—for £2,000 compensation. The petition contained allegations of tho inadequacy of the precautions for safety of the public at tho crossings and the failure to give sufficient warnings of tho approach of trains. Tho defence filed by tho Crown was a general denial of the • statements m the petition, with alternative allegation of contributory negligence on the part of the deceased in not keeping a sufficient look-out. At tho conclusion of tho evidence Mr Justice Blair said ho could not see there was any evidence of negligence on the part of the Railway 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 an ordinary speed ,slowing down on its approach to the Mormngside 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 supplicants to prove negligence on the part of the Railway Department, and in tho absence of that proof he considered it his duty to withdraw the case from the jury. Tho jury was accordingly discharged, and judgment jras entered for the Crown, with eosjfca*