LOSS OF WIFE

Evening Post, Volume CIX, Issue 45, 22 February 1930, Page 23

LOSS OF WIFE

INJURY TO CHILD

PETITION OF EIGHT MILS

(By Telegraph - Tress Association.)

NAPIEK, 21st February.

A petition of right for damages for the death of his wife and the loss of an arm by his son in a railway ..ccident at Wairoa on 27th "February last year (two cases) was made in the 'Supreme Court at Napier to-day by Kay David Alunro, the total amount claimed being £■1000. The Crown was the respondent in the case. Mr, I. J. O'ltegan, of Wellington, uppeared fur suppliant, and Mr. Li. B. Lusk for the Crown. ■ The suppliant contended that the accident had been due to negligence on the part of the engine-driver and the guard in not -.seeing that the necessary precaution of stationing a man oil tkj rearmost carriage of the train, which was going backwards, had been carried out. It was shown 'that1 a path between the rails was, the only means of access to some workers' cottages skirting the track and that for this reason more precaution,' should have been taken. It was alternately alleged that the Department should ' have provided suitable and proper fences at the side of the track, ' Evidence was given as to' the accident, it being shown that the child had' run out on to the track and had consequently had his arm taken off, while the mother in trying to save him Had been fatally injured. ■ Cross-examination- revealed the fact that the child had "run out only nbuut ten f'ect in .Tout of a ! moving train. At the conclusion of evidence for the suppliant, his Honour Mr. Justice Biair slated that the case had not been at all amply shown. Tho onus was on parents to prevent children from straying on to a railway track. Even if. a guard had been stationed on the rear truck the accident could not have been avoided in the space of ten feet.

Both cases wero nonsuited with costs, the jury being dismissed without being called on to consido the case.