SUIT FOR COMPENSATION
ECHO OF RAILWAY ACCIDENT. (Per United Press Association.) Auckland, November 13. A railway accident at the Argyle Street level crossing between Kingsland and Morningside on December 24 last, by which Mrs Ethel Brittain lost her life and her son, George, aged three, sustained a severe injury, was the subject of a suit for compensation in the Supreme Court. The action was brought in the form of a petition of right. George Samuel Brittain, husband of deceased, sued on behalf of himself and his two children, Cyril, aged four, and George, aged three, for £2,000 compensation; George Brittain, through his father as guardian ad litem for £750 with respect to his personal injuries, and G. S. Brittain also claimed £5O for medical expenses incurred. The petition contained allegations of the inadequacy of the precautions for the safety of the public at the crossing and failure to give sufficient warnings of the approach of the train. The defence filed by the Crown was a general denial of the statements in the petition with an alternative allegation of contributory negligence on the part of deceased in not keeping a sufficient lookout. At the conclusion of the evidence, Mr Justice Blair said he could not see there ; as any evidence of negligence on the part of the Railway Department. He could form no other conclusion than that Mrs Brittain could have seen the train approaching had she looked in its direction. The train was travelling at ordinary speed, slowing down on its approach to the Morningside Station and its whistle was sounded. It had been established that the crossing was dangerous but of course all crossings were dangerous. It was for suppliants to prove negligence on the part of the Railway Department and in the absence of that proof he considered it his duty to withdraw the case from the jury. The jury was accordingly discharged and judgment was entered for the Crown with costs.
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Bibliographic details
Southland Times, Issue 20642, 14 November 1928, Page 7
Word Count
324SUIT FOR COMPENSATION Southland Times, Issue 20642, 14 November 1928, Page 7
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