RAILWAY ACCIDENT

Wanganui Chronicle, Volume LXXXIII, Issue 19845, 20 May 1927, Page 7

RAILWAY ACCIDENT

SURFACEMAN’S DEATH ’ RODE JIGGER AT HIS OWN RISK. [Per Pr««? Avsociauon.] AUCKLAND, May 19. The Supreme Court jury to-day heard a claim for £2OOO compensation by Annie Thomas, of Wellington, against the Crown on account of the death of her husband, Donald Sinclair Thomas, railway servant, who was accidentally killed on the Rotorua line in July last. It was alleged ihat the accident occurred while deceased was performing his duties as surfaceman and that the accident was due to the negligence of the driver and fireman of the train failing to keep a proper look out • n the evening of the accident when deceased was proceeding home from work with another surfaceman named T»vlor. The driver and fireman were not aware of the accident until they reach- , ed Ngatua. Taylor, in his evidence, said that the train neither whistled nor stopped, i The defence is a general denial of the allegations made in the claim. Taylor, cross-examined, admitted that deceased ond himself rode on the jigger at their own risk, knowing that trains were approaching. They were actually watching for a train in the opposite direction. The case was withdrawn from the jury and judgment was entered for the respondent with costs. Mr Justice Herdman added that it was regrettable that Thomas met his death in the manner he did, but he was not satisfied that there was proof of negligence.