KILLED BY A TRAIN.

Dominion, Volume 2, Issue 564, 20 July 1909, Page 7

KILLED BY A TRAIN.

VERDICT OF ACCIDENTAL DEATH.' Further oyideoco in connection with tho oircums-taJices touching tho death of John Cumminss, a..railway surface-man, who died at tho Wellington. Hospital on. Saturday last as the result of injuries reooived through boing knocked down by a train earh'er jn the day, waa heard at tho Magistrate's Court yesterday afternoon by Dr. AV. A. M , Arthur. District Coroner. Sergeant Darby appeared oh behalf .of the police; Mr. E. A. Dawson. ropreeent-cd tihe Traffic Department; Mr.. B. Cavaliagh the Maintenance Department; Mr. G. A. Pearson the Locomotivo Department; Mr. .Curamings (son of the deceased) the relatives; while Mr.-Blair watched, tho case on behalf of the Amalgamated Society of Railway Servants. ■ ■■ ■ ■ ' • \' •', Robert Burrows, fireman on the engine at the time of the occurrence, said that ho did not see deceased until the train struck him, as witness was then engaged in firing the engine. Immediately' the' acoidont occurred, witness called out "Whoa I we'vo knocked a man ovox!" The train was immediately pulled up. The injured . matt was found on the left side of the-rails. The driver of the engine , (John Hislop) st'ated that his first intimation of the occurrence was the fireman's exclamation: "Whoa 1 woVo'knockod a man ovor!" Ho immediately stopped: the train, which was then travelling at about 30 miles an-hour. Previbus to the. accident he kept a look-out,- but when rounding the curve, to- the. left, .the ■ sand-box, steam-box, .sinoke-staek, and headlight • obstructed his view -of' the left-hand side of the lina'to a certain oxtent. He did not blow hia whistle, as ■ there was. nothing on the line so far as he could see; .. - . ... The next witness was the- gua-rd of tho. train, Alfred WilKamJOirnie., He said that he was tlio first to reach deceased after tho accident. Questioned as to whether lie: had fallen off the train, deceased: replied that the tra-nn.had struck hiin'in the back. .'.,

Expert evidence was given.by Mr. E. A. Dawson,; (Traffic Department) and Mr. 6. A. Pear r son (Locomotivo Department) with reference to a test caiiducted by the Department with a view, to ascertaining, whether, ■ under ..otrcumstanoes similar to those disclosed concerning the accident,-it would have'been possible for a.man.in. deceased's position'to havo been seen by .those, on;the engine. Mr. Pearson, locomotivo engineer, -.stated that an engine of the same type as No. 51. (tfhe engino which knocked down the deceased),- was token over, the line in the vicinity, pi the accident, po himself drove the engine slowly round tho curve in, qiiestion, and was quite;, satisfied that it would have been absolutely impossible, for either* the fireman or the driver te have seen deceased until at about a distance of 140 .yards from the spot. With a train travelling at the rate of 30 miles an hour that distance would nawbten.covered in the space of 9i seconds.' It'ivmild have been impossible, further, to have pulledup the train before reaching tho deoc'ased , .^ , . :•:. . . .' : . . Constable Potter also gave evidence. : The Coroner said,-that , it was perfectly clear : that. tho position r of tho engine at the- time of the accident-was; such that'the'driver's , view-of the r ieft-hand .side:of fho line was obstructed. The'fireman was engaged in stoking the engino at the sarno time. A finding of accidental death, with-no blame attachable to anyone,;'would be'recorded.