KILLED AT CROSSING.

New Zealand Herald, Volume LIX, Issue 18275, 16 December 1922, Page 7

KILLED AT CROSSING.

INQUIRY BY CORONER. ENGINEDRIVER M CASING. An inquest was held yesterday by the coroner, Mr. W. R. McKean, S.M., in, the Magistrate's Court. into the circumstances attending the death of William Stanley McDowell, aged 31, a married man, of 30, Murdock Road, Grey Lynn, who was killed on Sunday, October 22, at Roslyn Terrace, Mount Albert, through a collision at the railway crossing between a train and a motor-bicyclo ana side-car, in which the deceased was a passenger. The bicycle was being driven by Mr. James J. McSweeney, and Mr. McDowell was iu the side-car. Mr. McSweeney was seriously injured, but was able to give eyidence yesterday. J. M. 0 Callahan, fireman on the train which left the city for Swanson at 9.30 a.m., said at the crossing it was running at about 30 miles' an hour. When the cycle was seen the emergency brake was applied and steam shut/ off. James .Laming, guard of the train, said the whistle was blown as the crossing was approached. Ernest W. Philipps said he saw the train approaching. When it was pretty well on the crossing he hoardJthe whistle blown. T

James McSweeney, the driver of the cycle, after being warnfed that ho heed not give evidence, said he had not met Mr. McDowell before the dav of the accident. Deceased called at his house that day to see one of his brothers, and witness offered to give him a lift as far as the corner of Dominion Road. Witness did not hear the train or the whistle. A very high wind wj>s blowing atT the time, and that, coupled with the noise of the cycle engine, running on low gear and with the cut-out open, would kill the sound of anything approaching from, town. As he got close to the Tinea he was preparing to change gear, but before he could do that the engine came on. The engine was well over the cattle-stop of the crossing before he saw it; He then did all he could to avert a serious, crash, opening out the throttle as wide as possible and trying to turn the bicycle at. an angle to pass in front of the train. H* was too close to the line to stop. He thought he had just got across when the crash came. The rear of the side-car was struck by the engine. Although he had lived in the district for years, he had never seen a train pass at this time on a Sunday. He was generally at church at that time.

Sergeant Bowel!, who represented the police, stated that the engmedriver, the most important witness, had left the Railway Department, and the police had not been able to trace him.

The coroner found that Mr. McDowell died as a result of a fractured skull, caused by the collision. Sergeant Rowell then preferred a charge against McSvreeney of committing a breach of the railway by-laws, to which a plea of guilty was given. The magistrate said he would defer fixing a penalty, ,