RAILWAYS FACE CLAIM FOR £2,800 DAMAGES

Sun (Auckland), Volume II, Issue 510, 13 November 1928, Page 10

RAILWAYS FACE CLAIM FOR £2,800 DAMAGES

ARGYLE ST. TRAGEDY WOMAN KILLED, SON INJURED Claims totalling £2,800 were made against the Railway Department by George Samuel Brittain, at the Supreme Court this morning. The claims arose out of a shocking accident at Argyle Street railway crossing, Morningside, on Christmas Eve, 1927, in which Mrs. Ethel Brittain was cut to pieces by a train, and her three-year-old son badly hurt, the widower claimed £2.000 damages on his own account, and £750 on behalf of his sou. Medical expenses totalling £SO were also sought. The child, George, was thrown into the cattle-stops, receiving injuries to his skull, hips and groin. For the suppliants Mr. R. A. Singer and Mr. H. G. Brodie alleged that the crossing afforded inadequate protection to the public, that due caution was not exercised by the engine crew, and that the only means of warning’ was the ordinary notice, “Stop, Look Out for the Engine.’ Mr. V. R. Meredith, for the Crown, denied all negligence, and alleged that the accident w'as caused by the woman’s failure to keep a proper look-out, and that she turned back across the line to the little boy. Before the suppliants’ case was opened Mr. Justice Blair and a jury visited the crossing. Asked by his Honour how be arrived at £750 damages in respect to tho child, Mr. Singer said it was at first thought its injuries were per- ’ manent. The figure would be revised. With regard to the £2,000. that was made up In the loss to Brittain of his wife’s services as housekeeper and companion and the loss of her to the children. (Proceeding.)