COMPENSATION CASE.

Press, Volume L, Issue 14977, 26 May 1914, Page 4

COMPENSATION CASE.

BANKS v. THE KING.

(Before his Honour Mr Justice Denniston.) Frances E. Banks, widow, of Ashley, preceded against the King for ihe sum or i-Uoli compensation tor tuo deaui of William Alexander Banks, killed at ITangioia by a railway accident on September 12th, 1913. Mr S. G. Raymond, K.C., with him Mr F. K. Hunt, appeared for supp.iaut, and Air A. I , '. Wright for the respondent.

Mr Raymond eaid that deceased was a carrier, 31 years of age, and was driving his team at about nine o'clock in tho morning on the day when the accident occurred. He was going east in High street, Rangiora, and his team consisted of five iv tne lead and two in tho shafts. As he did so a passenger express train from Chiistchurch came into tho 6tatiou. Some high buildings and a. high fence obscured the sight of tho line at tho crossing. Since 1884 it had been the custom and usage of the Department to have a crossing-keeper wave a flag if danger threatened. On this morning, however, tho man did not appear, wicn the result that when tho norsee had got well on to the crossing, tho train came along at a rapid rate, struck the lorry, carried it into tho stops, and killed the man. In addition, a semaphore which was usually used was not on this occasion lowered, so that there was claimed to have been given by the Department the representation that tho line was clear. Bocause of tho appearance of that safety de"fla?ed went and met his der>th, ■which, counsel alleged, was, due to tho negligence of the Railway Department. Tho widow, said counsel, had firee children, and had been deprived of her means of support.

Chas. H. Bridge, surveyor, stated that he had prepared tho plans of the locality of the accident shown in Court. There was practically no view of the line, oven now, to anyone approaching ifc.

Mrs D. Bawson gave evidence that she passed the spot just before the accident happened. She looked round, jand caw the accident, and noticed'that !no one was ''flagging" the train. She I had sometimes seen the crossing-keep- ' or's little hoy with the flag, and riding !on his tricycle. She had also seen his i mother out with the flag, but never i the father—Hmnphrevs.

Edmund Little. 17, driving a csrt for Hill, bri'-kmaker,-' said that when he "was passing the crossing he saw the little boy. and tpoke to him. When near the East belt he heard the train whistle 'and, tuning round, he taw Banks"s horses wall on the line. When the train came through it smashed into the wagcon. There was not much time between the train whistl-ng and tae erash —per Kins fifteen seconds..

James Mcßae said tbni the accident happened immediately after the whittlewas blown, and that, from at distance of about 400 yards, he snw no one "flaarin^" , the crossing. Wiines* had himself been a crossinsc-keeper at RanTiora. Although he had not muc'i judgment of speed ho thought that the train came along at about forty mile.' in hour—judcing by the way it went past, tho crossing;. No one could get a view of the train until he was on the line. He had seen the crossingkeepor's little boy with the flag when there were no tra : ns approaching.

! "William G. Itowe, carpenter at I [tangiora, stated that oi'tea tho littio boy stood on the footpath with the flag and his mother came out at the last moment when the trnin was practically on the crossing. Tho impression he formed was that tho mother -.vent out to protect the boy rather than to flap the train. Rangiora people had been agitating for some time to have the erowinjr marie less dr>r>gercus. Mrs Banks and Daniel Banks ai&o gave evidence. RESPONDENT'S CASE. For tho respondent, Mr A. F. Wright appiieu lor <i uoutuic, or, in tuo aucruutive. tor juaguicut lor tho cicicnUant, ou tuo giouuas tuat no iiau Ueen proved, agiiinst tiie jyopaitinent; tiiafc aeatii was not cmc to tue negligence oi trie Impart ment; t&at tieatn wns duo to deceaseds own negligence, or'ooutributory negligence; ti*at deceased was a : xiiat 110 duty was owed to him by the Department, and that deceased did not "stop, ana look out for ine engine.'' Ais Honour: Those are rery complicated grounds. The real grounds are ' that there wsm no negligence on tho part oi tho Department, and that the mau met his death by his own negligence. 1 am not prepared to remove ' tne casq from the jury. j Mr Wrignt argued, further, that tho ' warnings tvero properly gj yen by tfle engine-drnfer a quarter of a mile or more down; the line, and again just before the crossing. I t would be proved that the semaphore was down, and co gave a warning to the man. Aβ to the flag, it would be proved that Mrs Hum- I phreye and the boy went out to tho I

middlo of tho road, tnat they sa» wuiiKS coining aiOMjj at a tast tioc, tmt paying no attention to anything, tiap put thft flag above Her nwid and called out to Jttauii&, seemed all at once to realise His position, whipped up Jug horses, bat met with the accident fore getting clear of the line. Tho fi&g was picked up in ttie miudto of the road, blood-stained, and showed that the woman did do her duty. It wonid also bo shown that Banks had been going at such a fast trot as to excite comment. The train was up to time, and was crossing tho road at its usual rato of speed. Mrs Alice Humphreys, wife of the crossing-keeper, said that on tho approach Of the train, and while it was still a considerable distance away, she went out to tho crossing. Banks was then some way up the street, but came along at a fast rate. Wheu she caw him stiil coming on the went further into the road. Jnst. near the line he checked his team a little, nnd she called out, but he looked towards the engine and whipped up his horses. Harry V L. P. Smith, draughtsman in the railway service, gnvc evidence bearing upon a plan presented. Mrs Bell. Rangiora, said that the lorry, passed her at a very fast pace, and making a crcat deal of noiso.

Frank Jackson, carter, said he heard tho train whistle twice. Deceased had appeared to urge his horses forward.

Charles Clark, porter, Rang ; ora, eaid that he was in the signal-box when the accident occurred. Tho semaphore was against tho train, which gave a long whistle. Afterwards, when the signal was altered, it pave- a shorter whistle. He saw Banks jiHt as bis horses were com tut* on to the railway lino at a good troi.

The Court- adjourned to 10 o'clock this morning.