SUBSTANTIAL DAMAGES

Dominion, Volume 7, Issue 2159, 27 May 1914, Page 6

SUBSTANTIAL DAMAGES

HUSBA-ND'S DEATH. ■ (Bt ' Tclojrarh.—Press Association.) Chrlstchurch, May 26. ~ At the Supremo Court to-day, Frances E. Banks, 'widow,' of'Ashley, proceeded the King for the sum of £2000, compensation for the death of William Alexander Banks, who was killed at Rangiora by a railway accident on September 12,1913. Deceased was a earner, 31 years of age, and was driving: his team at .about nine o'clock on the morning of the day when the accident, oc--curred. Ho was going east along .Ej'gh', Street, Rangiora, ana his team consisted of five horses ,i three in the_ lead and two in tho shafts. .As bo did" so the passenger express train from" Christchurch came into the station. Some high buildings and a high-fence obscured the sfeht of the lino at the crossing. Since 1834 it had been the custom and usage of the Department to have a crossingkeoper to wave a flag if flanger thrcatcned. On this mdrriiiig, however,-the man did not anpear, with the result that, when the horses had got well on to; the- crossing, a train camo along at ■ a.rapid-r.ato and struck ,tho lorry, car■ried it- into'tlio'',stops,'.and'killed the man. 11l addition the semaphore, which was -usually used, was not on this occasion lowered,-9(> that there was claimed to have been given by thn ,a representation- that the line was clear. Because of that appearance of safety deceased went ahead and met his death, which, counsel nlleitec) > was fine .to the negligence of the RailwaVDepartment. The widow had three children, and had 'term deprived of her means of support. The jury awarded £1500 damages, one-thirtl to tlio widow and two-thirds to the children. . . .■;■