DAMAGES CLAIM FAILS

Hawera Star, Volume LII, 3 September 1932, Page 5

DAMAGES CLAIM FAILS

WOMAN’S FOOT INJURY. LEFT WRONG SIDE OF TRAIN. (By Telegraph—Press Association.) DUNEDIN, Sept. 2. Annie Munt, Wellington, claimed £750 damages from the Railway Department as the result of an injury caused to her foot when alighting from a train at Wedderburn in May, 1931. It was contended that the train started as she was alighting, and that the injury was caused- by negligence on the part of the train officials. Mr Justice Kennedy in a reserved judgment held that a passenger whose train stopped at a station never before" visited enflMsp.pt rely upon there being a pjatform opposite her carriage, it being proved that in the Dominion trains stopped at many places where there were no platforms, or platforms of inadequate length to permit a passenger stepping on to the platform. Plaintiff alighted on the wrong side of the train, and the guard might without negligence assume after a reasonable kipso of time that the passengers had left the carriages when lie had no rea--oii to believe otherwise. The action was dismissed with costs.