OPOHO TRAM CRASH.
MOTORMAN CHARGED WITH MANSLAUGHTER. COMMITTED FOR TRIAL. DUNEDIN, April 30. A manslaughter charge was preferred to-day against Alfred Chapman, aged 33, driver of the tramcar that left the Opoho line and crashed into a vacant section early in the morning of April 15 inflicting fatal injuries on John Kenny. The charge was that Chap-; man, by omission, without lawful excuse, to perform or observe his legal duty, caused the death of Kenny thereby committing manslaughter. The depositions of witness at the inquest were read over to them in criminal proceedings. Counsel for the accused contended that the prosecution must prove definitely, firstly, that there was a legal duty to be performed by the accused, and, secondly, that he omitted to carry out that duty. The summons did not disclose the omission alleged; in point of fact, Chapman was doing everything in his power to prevent the tram running away. The evidence showed that he applied the magnetic and hand brakes, and that they - did not work, and that he was in process of effecting movements necessary for the application of a third (emergency) brake when the ear went off the rails. The Magistrate, Mr. Bartholomew, said that the information as it stood was somewhat indefinite, but in substance it was a charge of manslaughter. It could be amended to be made clearer with the interpolation of ftbeing a motorman in charge of an electric tram car” at the beginning. He was of opinion that a prima facie case had been made out. The accused was committed for trial. He was allowed bail in his own recognisance of £SO.—(P.A.)
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https://paperspast.natlib.govt.nz/newspapers/WAG19370501.2.84
Bibliographic details
Wairarapa Age, 1 May 1937, Page 7
Word Count
271OPOHO TRAM CRASH. Wairarapa Age, 1 May 1937, Page 7
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