SUPREME COURT.

Sun (Christchurch), Volume II, Issue 473, 16 August 1915, Page 10

SUPREME COURT.

CIVIL SESSION OPENED. TO-DAY'S PROCEEDINGS. The civil session of the Supreme Court at Christchurch opened this morning, His Honour Mr Justice Dennis ton presiding. A RAILWAY ACCIDENT. A. claim for damages arising out of an accident on the railway line occupied the attention of his Honour and a jury of four. The plaintiffs were Rossmore Cracroft Wilson and his wife (Mr M. I£. Gressori) and the respondent the Crown (Mr S. G. Raymond, K.C.).

The case arose out of an accident that occurred on the railwayline between Fendalton and Riccarton on August 10, 1914. The plaintiffs set out that on the date in question they were proceeding from their home in Cheviot to Christchurch, and at Waipara the carriages composing their train were joined to the north express. Subsequent additions of carriages made the train a very long one, so that when the train drew up at Papa-* nui,'the carriage in which plaintiffs were travelling (near the guard's van) was sonic distance from the platform. Mr Wilson was told at Bryndwr that the next station was Riccarton, and, wishing to alight there, he and his wife prepared to leave the carriage.- Presumably, the signal was set against the train, for it stopped between the bridges over the Waimairi and Avon streams. Thinking the train had reached Riccarton but that their carriage (as at Papahui) had not reached the platform they alighted and proceeded towards the guard's van in quest of their luggage. Before they could reach the van the train commenced to move, and Mr Wilson called to the guard, "What about my luggage?" The guard replied that he would drop the platform, and the Wilsons, thinking the platform not far ahead, proceeded to walk along by the side of the line. It was a very dark and foggy night, and Wilson was walking ahead of his wife on the right hand side of the line when he fell through tlie bridge over the Ayon, a drop of Jabout eight feet. There was a complete gap of about four feet on the right hand side of the bridge, though on the left hand side the sleepers were boarded over. Wilson, in falling struck some girders and severely injured himself. He was unable to move and called for help. In endeavouring to find him in the -darkness his wife also fell through the same gap, landing on the bank of the river. It Was contended that the Crown had been guilty of negligence in four respects, any one of which was sufficent to entitle plaintiffs to a verdict. The department, they contended, invited them to alight at a dangerous place, the guard neglected to warn them not to alight, the guard was negligent in not warning them of the danger ahead and impliedly invited them to pursue the track by stating he would drop their luggage on the platform; it was negligence on the part of the Railway Depart-

ment to have such a dangerous place as the bridge within easy reach of the station and have it unlighted, ynboarded, and unguarded. Wilson claimed £3OO damages as well as special damages and Mrs Wilson claimed £IOO together with special damages. .

Mr Gresson stated that the action had not been brought on earlier because it had been desired to ascertain before proceeding what the extent of the permanent injuries were. The plaintiff, in evidence, said he could see no lights after he had left the train. He though he was at Riccarton station. He did not know there was a footpath on the other side of the fence beside which he walked. THE CROWN'S DEFENCE.

In opening the case for the Crown Mr Raymond said the train stopped only a very short time between Bryndwr and Riccarton. There was no negligence on the part of the guard. It was submitted that the plaintiffs had been guilty of negligence in alighting where they did. Evidence was given by the enginedriver that the train had stopped only about ten seconds. (Proceeding). SITTING IN. AUCKLAND. Press Association. . AUCKLAND, August 16. The criminal sessions of the Supreme Court opened to-day, Mr Justice Chapman said that there were 16 cases and with one or two exceptions they were quite ordinary cases. He regretted that there were some charges of sexual offences, but they were not of the worst kind. He was afraid, however, that cases of prowlers and undesirables getting hold of young children were made

possible sometimes by family irregularities. DUNEDIN SITTINGS. Press Asfeiation. DUNEDIN, August 10. Douglas Ferguson, 17, was brought before Justice Sim to-day on two charges of breaking and entering at Oamaru. He was ordered to be detained for reformative treatment for a period not exceeding three years.