FALL FROM TRAIN

Evening Star, Issue 23038, 17 August 1938, Page 15

FALL FROM TRAIN

WIDOW CLAIMS DAMAGES

[Peh United Press. Association.]

AUCKLAND, Aug. 16. Arising out of the death of Charles Harold Herbert, a farmer, aged 52 years, as a result of injuries suffered when alighting from an excursion train at Mercer on the evening of October 30 last, the widow is claiming from the Crown £1950 general damages and £l7 special damages under the Crown Suits Act. The hearing was commenced in the Supreme 1 Court yesterday before Mr Justice Callan and a jury. Mr Vialoux is appearing for the suppliant and Mr V. R. Meredith, with him Mr H. Rosen, is appearing for the Crown. Further evidence was heard today. Keith Barclay, a railway clerk on duty on the night of -Qctober 30, said that Came hito the station in the usual . way. The veranda lights, including the central platform light, seven lights in all, were on, also two others against the side of the station and the floodlights in the station yard. The standard lights at the northern end of the station platform were not on. There were lights also inside the refreshment room and in the station-mas-ter’s room shining through the doors and windows. He switched on the station platform lights about 10 minutes before the train arrived. Robert Fleming, a clerk at the station, corroborated the former witnesses as to the manner of the train stopping and the lights on the , platform. ' He described the marks seen next day indicating that someone had been dragged a distance of 20 feet by the train. Herbert Grupen, fireman on the train, said that the train drew slowly into the station and stopped as usual. He was of the opinion that the veranda lights were on at the time as well as the floodlights in the station yard. The engine was very near the water tank when he saw someone stumble and fall from the carriage, and he called to the driver, who stopped the train immediately. John Dale, the engine-driver, corroborated the statement that the train stopped two or three feet short of the water tank. He did not observe the station or platform Tights. Ebor M. Wright, who was travelling in a horsebox next the engine, gave evidence that the train stopped in a perfectly normal manner without any noticeable jolt. The lighting at Mercer station was described by Mr C. E. Mackersey, first assistant electrical engineer, who gave particulars of the light measurements at various points. At the close of the evidence for the ■ Crown the court adjourned until to-morrow, when addresses from counsel will be heard.