ACTION FOR DAMAGES.

Otago Daily Times, Issue 18898, 26 June 1923, Page 6

ACTION FOR DAMAGES.

SEQUEL TO RAILWAY ACCIDENT. (Per United Paras Association.) WELLINGTON, June 25. Legal argument was heard to-day in the Supreme Court in the case of Barbara Canning against the King, a claim for £2OOO in respect to a fatal accident at Porirua railway crossing in October last. When the ease came before the Court last sessions the jury awarded suppliant damages amounting to £IOOO. The Crown contended that there was not sufficient evidence of negligence on its part, but conclusive evidence of contributory negligence. It also contended that the deceased broke the regulation by not stopping before coining into contact with the line. The Crown contended that the department had taken all reasonable precautions to make the crossing safe, and- therefore was not guilty of any negligence, and that even if it were guilty of negligence, the accident would clearly have been avoided if the deceased had kept a proper look-out. The Crown held that the verdict was unreasonable, and must be sot aside. It was submitted for Mrs Canning that the. crossing was so dangerous that it was very difficult to ascertain whether the train was coming or not, also that the deceased took every reasonable precaution to ascertain whether the line was dear. After lengthy legal argument decision was reserved.