TRAIN AND CYCLIST.

Taranaki Daily News, 9 December 1915, Page 6

TRAIN AND CYCLIST.

A SEQUEL TO COLLISION. £6OO DAMAGES. A verdict in favour of the suppliant was given yesterday in the Supreme Court case in which William Percy Doeg, a piano-timer/ residing in New Plymouth, claimed £IOOO damages from the Crown, for injuries sustained through colliding with a train at a level crossing on the Mountain Road, about a mile southward of Stratford, on the afternoon of October 31, 1914. The jury retired shortly after 10 a.m. and returned with its verdict a few minutes before the luncheon adjournment.

The issues, and the answers of the jury to them, were as folows:— I

(1) Were the Railway Department and the servants of His Majesty guilty of negligence:— (a) Was'the level crossing so constructed and placed as to be exceedingly dangerous to persons approaching the same from the south or Ngaere side? — Yes.

(b) Was the said level cro«-''i; not properly metalled?— The jury ci.. ~l give no opinion.

(c) Was the said ballast train driven at an excessive speed, was a proper lookout kept, and was the whistle sounded or other warning given of the approach of the train?— The jury was of opinion that the Department's warning was quite inadequate, and, further, that insufficient warning was given on the day of the accident.

(2) If there were such acts of negligence, did they or any of them lead to the injuries sustained by the suppliant? —Yes.

(3) Was the suppliant injured as stated in his petition?— Yes. (4) Was the suppliant guilty of negligence that caused or contributed to his injuries?— No. (5) What damages (if any) is the suppliant entitled to receive: (a) As special damages?—£l47 17s (b) As general damages?—£4s2 3s

Costs were allowed the suppliant. The suppliant was represented by Mr. A. H. Johnstone, and the Hon. A. L. Herdman (Attorney-General) and Mr. H. R. Billing (Crown Solicitor) appeared for the Crown.