KELBURN TRAMWAY FATALITY

Dominion, Volume 11, Issue 129, 18 February 1918, Page 9

KELBURN TRAMWAY FATALITY

THE CORONER'S INQUIRY

AN OPEN VERDICT

An inquiry into the circumstances concerning the dentil of John Waiters, who was-'killed on the Kelburn-Karon Tramway Company's line on Thursday afternoon last, was held in the Stipendiary Magistrate's Court on Saturday morning. Mr. W. G. Riddcll, S M., presided. Mr. C 1.1. Izard represented the Kelburn-Karori Tramway Company. Arthur C. Evans, a brakesman in the company's employ, said he had known the deceased John Wattcrs for seven or eight years. The latter was IS years of age. Watters's hearing whs good and his sight excellent, and he was a man of sober and temperate habits. He was engaged with the dei!ea.st\l in surfaceman's work in the tunnel below the Talavera Terrace stopping place. At 2 o'clock ou Thursday afternoon he was at work on the line packing loose sleepers, both working together on separate lines, the deceased being a little higher up the tunnel than witness was—about eight yards above. Tho deceased was about 20ft. inside the mouth of the tunnel. The light was fair. At that time he heard a. car approaching from below. When he heard the gong he stood up and got clear of the rails. . The car passed him, and then ho heard a bump and a shout. The speed, of the car was checked at once. The deceased was dragged up the track about nine yards, and the car had gone a few yards further before it was pulled up. When he examined Watters he was dead. Dr. Young arrived a few minutes later, and pronounced life extinct. Witness said that immediately prior to the accident ho saw deceased, standing clear of tho line. Ho could offer no reason as to how the accident occurred beyond what was merely, suppositions. A minute before the accident he was working opposite to tho deceased, but in that minute deceased had gone up the line sounding the sleepers as he went to see if they required packing. Then lie saw him 'standing quite clear of tlie line. There were two wire cables travelling just above tho ground, and the act of treading on ono would bo likely to throw a man to the ground. Ho was quite clear that tho deceased was not outside, the tunnel when tho accident occurred. There is n. trailer attached to each brake van. U&usJly the brakesman could get a clear view of tho track, but there were times- when tho car_ was overcrowded, or when it was raining hard, that the view, ahead was not so clear. The speed of tho cars was about seven or eight miles per hour. Henry Clive, brakesman of the car concerned in the fatality, testified that the car-left tho lower , terminus at 2.5. p.m. Ho gouged in the middle of tho tunnel, knowing that the men were working tliore. He gave tho gong two tingles. It was a loud gong. Ho saw Evans stooping down packing a sleeper. After travelling a little fur- . ther he! heard a shout and a bump. That was about a length or a length and a half from the mouth of the tunnel: He immediately applied the emergency brake, and pulled up within a few yards, jumped ofl' the car, and saw deceased lying- on the ground just clear of the rails. Watters was then apparently dead. He could obtain a fair view of the track from the brakeIjox. There was a fair light at the time. If a person , was stooping down on the track thc v more difficult it wa» to. pick, them up* and naturally the nearer you. got to : an object on the track the. less one' could see. Deceased was on the off or right-hand side of tho cai , . Ho -had been a brakesman for about three years and nine months. He had never had an accident before.,....

Mrs. Mary AniiJlilligan, who was a passenger on the car in. question, stated that' she w'as seated on the front 6eat by .herself. . She was quite-clear of the Talavera tunnel when she saw the two men working on tlio line separately—one on one line.and one on the other.. As the car approached, the deceased was on his knees with his back to the car, and raised himself up us the car approached, but , he had not time tc get. clear, and the car knocked him down and passed over him. By that time the car had passed the other man. She was quite sure that the man was working outside the tunnel. It was quite light where the accident, occurred. She did.not hear the gong sound-. The ear went some distanco after it '.truck the man—it was nearly up to tho. Talavera station before it stopped.

Bernard M'Donald Somers, >. telegraph messenger, .said he was at the Taluvera Terrace station at 2 p.m. on Thursday waiting for a down car. He saw the deceased filling.in a hole under a sleeker. There was no other man «■ it'll him at tlio time. He was at tho edge of the tunnel—more out than •in. As the car approached the deceased stood up between tho two sets of rail". When he iirst saw the car it was only two yards from tho man. The man went to cross tho lino in front of jliu car, trod on the moving cable, which carried his left foot across the .other , one, and threw him down in front of the car. As soon as the car struck tho man ho saw the man pull the brake, and then the car slowed down, and stopped. He next saw the man lying by the track apparently dead.

Ccihsfablo Swan testified to examining tho scone of the accident, and said that the indications were that it was seven yards inside the, tunnel whore the deceased was struck, and the disturbed earti; showed, that tlio body was drugged fur about nine yards.

In giving his verdict, the Coroner Miiid that it must he an open olift. Hen , wiis a man ovor seventy years of aye, but with good sight and bearing, run down and killed by ono of the Kol-lnirn-'Karori Traitn'iiy Company's cars. Tlio cviilnncp i's "lint tlio man was doing and the |i;.iv where he was actually struck could to somo extent he nccoimliul. for l\y the different positions in which the witnesses were standing. Tho driver of tlio car did. not see tlio deceased. Why ho was unable to see him tiiero was no evidenee to explain. Jf thu niiin was stooping it might he more difficult, to gel. a good view of him, hut if he wore standing the driver should have seen him before he fell on the line, though he noled that the intervalbnnvccn. the time when ho stood up and when he was knocked down was short, and he may not have had time to stop the rap. His verdict was that tlio deceased wns killed on February M tin tho Kelburn-Karori tramline by being accidentally run down by ono of the company's cars.