MATTERSON V. COMMISSIONER FOR RAILWAYS 98/1943

___THE COMMISSIONER FOR RAILWAYS

REASONS FOR JUDGMENT.

Delivered at__"Sydne:

on... Thursdays .27¢h

40358 A. H. Porrieen, Active Gove. Penn,

IN_THE HIGH COURT OF AUSTRALIA)

} No. 98 of 19 NEW___SOUTH WALES __ REGISTRY :

MATTERSON v. COMMISSIONER FOR RAILWAYS "THURSDAY, 27TH JULY, 194h.

JUDGMENT. LATHAM C.J.3 The plaintiff in these proceedings was the widow of one Matterson, who met his death in an accident in yards controlled by the Metropolitan Meat Industry Board at Homebush Bay. She" sued under the Compensation to Relatives Act 1897.

The deceased had been employed there for a substantial period, since the year 1927, and it may be assumed that he was familiar with the yarés, and accustomed to moving about in them. He was working at a place known as the rennet room and Rad occasion to cross four railway lines, between that and the platform, across which a diagonal path lead, that path being flush with the surface of the rails, apparently for the purpose of going to a lavatory. Upon returning he met with an accident, as a'result of which he died. The accident was not observed by anyone; there was an engine driver and a shunter on a train which passed above his body. 'The body of the deceased was found between the rails, having been dragged apparently across this crossing to which I have referred. At this point the deceased would have a clear view in the direction from which the train was coming; it was clear daylight. When his body was. observed lying there he was peiked up by some of his fellow-employees and he then said this ~ I read from p. 25 of the transcript. The witness Barker asked him what had happened "and he told me that he had walked into the front of the train, and it was like on to him before he could get out of its way, and he threw himself in the 4 foot. That was the gist of his statement. He said that he had the presenee of mind to throw himself into the 4 foot." Shortly afterwards Matterson died.