KILLED ON THE RAILWAY.

Taranaki Daily News, 24 July 1918, Page 5

KILLED ON THE RAILWAY.

WIDOW OF A SOLDIER RECOVERS DAMAGES. By Telegraph.—Press Association. Wellington, Last Night. At the Supremo Court, Mr. Justice Hosking delivered judgment in the case of Mrs. Milly McLaren versus His Majesty the King. In August last suppliant brought an action against the Crown to recover compensation for the death by accident of her husband. He was a member of the! reinforcements, and when travelling from Wellington to Trentham by train he fell between two carriages, and was killed. Negligence was alleged against the! Crown, in that the carriages conveying j troops were peculiarly constructed, there being no platform between them. For tho Crown it was pointed out that there had been a distinct order and notice that persons were not to pass from one carriage to another, and deceased, in so attempting had been guilty of contributory negligence. The jury awarded damages amounting to £225. Later the Crown, pursuant to leave granted, moved for a non-suit or judgment for the Crown on three grounds, viz.: (1) There was no evidence of suppliant's dependency; (2) there was no evidence of negligence on the part of | the Crown; and (3) there was ample evidence of contributory negligence on the part of deceased. His Honor, in giving judgment, said the evidence showed that the direct cause of the accident was the want of a door between the carriages,.and not the man's own folly. The motion was dist missed, with [£lo 10s costs against respondent.