DUNEDIN TRAM SMASH

Greymouth Evening Star, 30 April 1937, Page 7

DUNEDIN TRAM SMASH

MANSLAUGHTER CHARGE DRIVER COMMITTED [PER PRESS ASSOCIATION.] DUNEDIN, April 30. A manslaughter charge was preferred to-day against Alfred Chapman, 33, driver of the tramcar that left the Opoho line and crashed into a vacant section early in the morning of April 15, inflicting fatal injuries on John Kenny. The charge was that Chapman, by omission, without lawful excuse, to perform or observe a legal duty, did cause the death of Kenny, thereby committing manslaughter. The depositions of the witness at the inquest were read over to them, in the criminal proceedings.

Counsel for the accused contended 'the prosecution must, prove definitely: I Firstly, there was a legal duty to be performed by the accused. Secondly, 'that he omitted to carry out that duly. The summons did not disclose I the omission allegefl. In point of fact Chapman was doing everything in his power to prevent the tram running away. The evidence showed that he applied the magnetic and hand brakes, that they did not work, and that he was in the process of effecting movements necessary for the application of the third emergency brake, when the car went off the rails. The Magistrate (Mr. Bartholomew) said the information as it stood was somewhat indefinite, but in substance was a charge of manslaughter. It could be amended to be made clearer, with the interpolation of “being a motorman in charge of an electric tramcar” at thfe beginning. He was of the opinion that a prima facie case had been made out. Accused was committed for trial. He was allowed bail in his own recognisance of £5O.