LEVEL CROSSING SMASH

Wairarapa Daily Times, 10 May 1932, Page 6

LEVEL CROSSING SMASH

INQUEST CONCLUDED. CORONER’S FINDING. negligence alleged. “ According to the evidence of the witnesses, the driver of the motor lorry did not see the train approaching, which, to the mind of the Couit, amounted to negligence,” commented the Coroner, Mr E. G. Eton, when returning his verdict at the conclusion of the'inquest yesterday aftenioon into the death of Frank Muirliead Gillespie, who was killed on 9tli April as a result of the bus he was travelling m being struck by a north-bound tiam at 'Ren-all Street level crossing. The finding of the Court, said the Coroner, was that deceased died, as the result of a dislocated neck, received in an accident to the motor lorry in which he was proceeding to a dance at Kaituna on the night of 9th April last Reviewing some of the evidence, Coroner stated that it was apparent that visibility was good on the night of the accident, and that it was clear that warning whistles were given by the engine-driver. The crossing, to his (the Coroner’s) mind, was not one would call dangerous. The speed of t lorry did not seem to have been excessive It was fortunate, lie said, that there had been only one fatallty ’ ™ he extended the sympathy of the Couit to the relatives of the deceased. The first witness on the resumption of the Court after the -Daily Times” went to press yesterday was Dorothy Llibourne, who was a passenger on the lorrv and occupied a place m the iear S nSt to the deceased. She heard T «>“*whistle, hat it rvas quite close to the crossing when she first saw the train. Witness remarked to the deceased that the train was very near the ■crossing, but he made the re P^ it is about a quarter of a mile away. In reply to counsel for the lor y driver, witness said she thought that anyone could have communicated with the driver, warning him of the approaching train. . ~ ~ . To Sergeant Dyer, witness said that the only means of communication between the passengers and driver was by knocking on the back of the cab. Nona. Mulvey, also a passenger on the bus, gave evidence on the lines o previous witnesses who were passengers. She heard the train whistle and saw it approaching. She thought that the lorry could have pulled up instead of going on. The next lorry passenger witness, Janies Henry Garrett, said that lie heard the engine whistle when near Co lege Street. On reaching the intersection, he saw the train approaching. There did not appear to be any alteration in the speed of the lorry then. When lie heard the first whistle he expected the lorry driver to pull up. T ie train was only a matter of yards away from the crossing when he heard the second whistle, and lie did not think the lorry could havo pulled up then. The light on the train was bright. Witness considered Rutherford, the lorry driver, to be a careful driver. Lucy May Carter said she heard the train whistle twice. It was right on the lorry when she heard the second whistle. If the train had been near the ■crossing when she heard it whistle first she would have seen it. Witness did not observe any alteration in the speed of the lorry when approaching the crossing. Olive Adams said she was a passenger in the lorry and occupied a place on the left of the third seat from the back. Along Renall Street the lorry was/travelling at a moderate speed. It was not an extra noisy lorry. Witness heard the train whistle first when the lorry was a good distance away from the crossing. The lorry continued on at the same speed after witness heard the first whistle. She could give no explanation as to why the driver of ■the lorry did not see' the train. She thought he could have seen it if he had looked, as the night was a clear one. Beatrice Joyce Palamontain, one of the injured lorry passengers, said she was seated in the back seat. To witness, the lorry appeared to bei travelling a trifle faster than usual along Renall Street. She had travelled with the driver, Mr Rutherford, several times. Witness did not notice any alteration in the speed of the lorry after she heard the first whistle. She was badly injured, and did not remember anything of the accident after the impact. In reply to counsel for the lorry driver, witness said that on the previous occasions she had travelled in a bus diiien by Mr Rutherford she had always found him to be a careful driver. Leslie Charles Baden said he occupied a seat on the lorry just behind the cab. He thought the speed of the lorry along Renall Street would be about 25 to 30 miles per hour. He did not hear the train whistle. The first ho saw of it was when it was from five to ten yards from the crossing. The lorry driver did not appear to alter speed at the crossing. He did not hear anyone in the lorry remark that the train was approaching. If the speed of the lorry had been reduced from 25 miles per hour to 15 miles per hour he would have noticed it. In witness’s opinion, the lorry was travelling at over 20 miles per hour. He would not be surprised to hear that lie was the only witness who had stated that the speed of the lorry was between 25 and 30 miles per hour. To Sergeant Dyer, witness said that from where lie was sitting ho could not get a clear view of the southern track. Molly Wishart said she boarded the bus at . Knox Church, and sat next the driver in the cab of the lorry. A Miss Neville also occupied a seat in the cab. She did not hear the train whistle while travelling along Renall Street. She did not look to seo if a train was approaching the crossing. Witness heard a sharp whistle when the lorry Avas on the Crossing, and she knew then it was a train. She Avas talking to the driver as far as the PoAimall Street intersection, but was not talking to him betAveen there and the railway crossing. Witness did not feel the impact. She

had travelled previously in a bus driven by Mr Rutherford, and considered him a most careful driver. She could not venture an opinion as to whether or not a proper look-out had been kept by the lorry-driver. Evidence in respect to Ava.rning Avliistlcs given by the driver of the Master-ton-Wellington train on the night of 9th April Avas given by Esmond Hugh Doherty, avlio lvas a passenger on the train. He heard a Avhistle Avhen nearing the Renall Street crossing, and soon aftenvards heard a crash. Prior to reaching the Renall Street crossing witness distinctly heard three Avhistles. At the scene of the accident Avitness spoke to the lorry driver, who said that he neither saw nor heard the train. He asked him lioav many passengers he had on board, and he, the driver, replied that ho did not kno\A', but that he had a full load. John Clarke said that he was standing on the porch of his house, situated near the Renall Street crossing, on the night of the accident. He heard the approach of the train when it was travelling over the Waingawa bridge. He first saw it when it was about 66 yards from the cattle stops at the crossing. About the same time he saw the lights of a motor vehicle approaching the crossing. It turned out to be the lorry driven by Rutherford. It appeared to be travelling at about 25 miles an hour, arid Avhen it Avas near the crossing the lorry speed seemed to increase. When it Avas obvious that a collision Avas to occur, Avitness turned to his Avife and said, “They are going to hit.” He heard tho train Avhistle and heard the brakes of tho train being applied. There AA-as very little botAveen the A\ r histle, the application of the brakes, and ,‘the smash. From Avhere he Avas standing he had a clear vieiv of the approaching train and motor lorry. He did not consider tho crossing from the east side a dangerous one.

'Christine Clark, Avife of the previous Avitness, corroborated the evidence given by her husband. She suav the motor lorry approaching the crossing at a moderate speed. Witness did not think the lorry driver saw tho train until the second blast on tho AA'histle. It seemed then that he increased speed in an endeavour to get across. The lorry did not stop after it first came into her view. Constable John McGlynn, aaTio was called to the scene of the . accident, described the position of the motor lorry as he saAV it on arrival. He also gave particulars of measurements taken. On being questioned, Rutherford, the driver of the motor lorry, told witness that he had not seen the train, and the only indication he had of it aahs the sharp Avhistle immediately before the lorry Avas struck. After giving particulars of tho compulsory stop signs, Avitness said that he observed that a clear vieAV of the railway line in a southerly direction could be had for a distance of 195 feet 5 inches. , Sergeant T. H. Dyer said he was present when measurements Avere taken at the scene of the accident, and corroborated the evidence of the previous Avitness. Ho knew the crossing Avell, and, ■speaking as a motorist, he considered it one of the safest in the Wairarapa. On approaching it from the east side an uninterrupted vieAv could be obtained of the crossing for a distance of 1176 feet 6 inches.

The inquest occupied the greater part of the day.