TRAM FATALITY

Dominion, Volume 9, Issue 2853, 18 August 1916, Page 8

TRAM FATALITY

VERDICT OF ACCIDENTAL DEATH,

• Mr. \y. G. Riddell, Coroner, conducted an inquiry yesterday afternoon into the death of Michael Kelly, aged 76, who was knocked over b,y a tramcar in Courtcnay Place and died shortly afterwards.

Mary Kelly, daughter of tlie deceased, testified that the deceased was almost blind, but she did not think his hearing was affected. She had not seen her, father since last Sunday week. Deceased was 76 yeavs of age, and was an out-patient at the Hospital. Motorman 11. M'Williams, who was in charge of the car which knocked the deceased down, said he left tho Oourtenay Pinco stopping place at 2.52 p.m. on Tuesday, and stopped at Tory Street. He was travelling at the rate of from ten to twelve miles an hour when he noticed an old man coming towards tho car in 'a slanting direction .about four or five yards .away. He 'steadied the. car with the hand-brake and sounded his gong at the same time. Deceased still came on to within two feet of the cai\ Witness then applied the emergency'brake. The old man stepped forward, and the car 6truck him. When he got off the car the man was lying parallel with tho line, with his feet under tho front of the car. Ho ivas bleeding from the nose, and was unconscious. Subsequently the man Was lifted clear of tho line,, and about ten minutes later Dr. Gicsen arrived and pronounced the man dead. The usual speed travelled at this point was ns a rule about 1-1 miles an hour. Witness had been in the tramway employ as a motorman for two years and eiglit months, and he had, lie considered, given ample warning to a normal

person. ■ Gilbert Smith, a wlmrf labourer, said he was sitting outside Burt and Co.'s premises at the time of the nccidont, and saw deceased pass along the footpath in the direction of Tory Street. He went, along for about ten feet-, and then went on to the road to cross it tit n slanting angle. He then returned to the footpath for half a minute, and again started to walk directly iicross tho road in tlio direction of Stewart's hardware store. The car was about five or six i'eot off the deceased when witness saw it, and the mail was still going towards tho tram line. He hoard the gong sound, but tho man continued to walk on, so deliberately that the thought struck him that the man could not see. .At that time the car was slowing up, under its brakes. It appeared to him that tho car struck tho deceased in the face, and Ihe fell parallel with the line. Tho car only travelled four or five feet after tho contact. The man "ave no indication of life after the accident.

Mr. J. B. Hildreth, officer in charge of tho Salvation Army's . Workers' Homo, gave'corroborative evidence.

In summing > up, • the ' Coroner said that'ihis ,was one of those unfortunate accidehts that were continually hap* pening, and for which no one was to blame.- The evidence ■ showed that the deceased-was an old man, whose sight was defective, and though there was no direct evidence as to the state of his hearing it was ■ evident, from the' statement of witnesses, that he was deaf as well-as deficient in oyesight. With an ordinary individual the gong would have wanied-'him of the approach of the car. It appeared that the motorman had done all one would have expected him. to do under the circumstances. He had left a stopping place 100 yards away, and was approaching another stopping place, and seeing the man ho applied the brake and sounded tho gong, which was a reasonable act for him to do under tho circumstances, naturally expecting the man to stop before he reached the ,line, but apparently tho deceased neither saw or. heard the car, and walked on until he came into contact with the car or the car with him. The verdict was that on Augtlst lo the deceased met his death by injuries sustained accidentally in the manner related; and the Court must add that no blame was attachable to the motorman.

Senior-Sergeant Willis-conducted the inquiry on behalf of the police; Mr. John O'Shea appeared oil behalf of the City Corporation; and Mr.' H. F. O'Le&ry on behalf of Motorman M'Williams.