PUNISHMENT SAID TO BE EXCESSIVE.

Star (Christchurch), Volume XLIV, Issue 142, 17 June 1931, Page 8

PUNISHMENT SAID TO BE EXCESSIVE.

TRAMWAY APPEAL BOARD HEARS MOTORMAN’S CASE

To consider the appeal of Ernest William Deakins, a tramway motorman, against disrating, a sitting of the Tramway Appeal Board was held this morning. Mr H. A. Young, S.M., presided. With him were Messrs W. Hayward and J. A. Webb. Deakins, who was driving a tram on May 1 in a rear-end collision on Moorhouse Avenue when cars were proceeding to the depot, appealed against his reduction to the position of conductor. The grounds were that he had not been guilty of such conduct as would justify his being punished and that the punishment of disrating inflicted on him was excessive. Mr Hunter appeared for the appellant and Mr Hutchison for the Tramway Board. Evidence was given by the appellant, who said that his car skidded after the application of the brakes. To Mr Hayward, the appellant said that he had received every consideration from Mr Dick, the traffic manager. Mr Hayward: 1 am glad to hear that, as some men say Mr Dick is the most unreasonable man in the world. Mr Hunter called other witnesses and evidence was given that the car hit by Deakins ran off the, track at the tramway depot, where some damage resulted. Negligence Alleged. “ Rear-on ' collisions have to be considered as serious,” said Mr Hutchison, “ for it is perfectly clear that there must be gross negligence on the part of one or other of the drivers.” He quoted the rules drawn up to prevent collisions, one of which stated that a motorman involved in a collision was liable to dismissal. It was tolerably clear that Deakins let his attention wander, and on looking up found himseld close up behind the car in front. Counsel submitted that there was gross negligence on the part of appellant for the conductor of his car had been thrown down, and sustained a dislocated shoulder. In emphasising the serious nature of such collisions, Mr Hutchison said that the decision to reduce Deakins to the position of junior conductor was reached by the board itself. Owing to the necessity of taking strong measures, .it was submitted that the punishment inflicted was amply justified and proper. Evidence was called by Mr Hutchieon to show the amount of damage caused. David Sykes, a member of the Tramway Board, said that when Deakins was at first dismissed he spoke to witness, who promised to help him, but witness said that he would have to start at the bottom again. Appeal Partly Upheld. “ The board upholds the appeal to the extent that the punishment to Motorman Deakin be altered so that he shall serve three months as a junior conductor and three months as a senior conductor, and resume as a motorman in six months’ time,” was the decision reached by the board after an hour’s consideration.