A SHUNTER KILLED.
CRUSHED BY ENGINE.
Per Press Association. Dunedin, June 18. Frederick Benfell, 38, married, with eight children, employed as a shunter, at Burnside, was crushed last night between an engine and a waggon while shunting. He died while being taken in an ambulance to the hospital. -Stratford Evening Post, 13/6/1925.
THE SALVATION ARMY, GREEN ISLAND.
MEMORIAL SERVICE to the late Bro. F. BENFELL will be conducted by Captain TAYLOR, of North Dunedin, on SUNDAY, at 7 p.m. -Otago Daily Times, 15/6/1925.
SHUNTING ACCIDENT
FATALLY CRUSHED AT BURNSIDE
FAULTY CONDITIONS OF WORK
CORONER’S REMARKS AT INQUEST.
Tho Inquest on the body of Frederick A. J. Benfell, a married man, thirty eight, with eight children, who was the victim of a shunting accident at Burnside on June 12, was continued this morning before Mr J. R. Bartholomew, S.M. (sitting as coroner). Mr H. E. Barrowclough appeared for the relatives, Mr M. Connolly for the A.S.R.S., Mr J. Egan for the Railway Department, and Sub-inspector O’Halloran for the police.
MEDICAL EVIDENCE. Dr C. S. Murray, of Caversham, deposed that he was called to the scene of the accident about 9.50 p.m. He found deceased lying on the verandah of a building. He was obviously dying. There was a fracture of the right foot and ankle, but no other signs of gross external injuries. In the opinion of witness death was due to shock and internal injuries. Deceased, who was unconscious, was at once ordered to the hospital. Dr Iverach, assistant medical officer at the hospital, said he saw deceased immediately he reached the hospital at 11 p.m. Benfell was dead when he reached the institution. Witness agreed with Dr Murray as to the cause of death.
ENGINE DRIVER’S ACCOUNT. Kenneth Livingstone, engine driver, said he was in charge of an engine at Burnside, deceased working with him as shunter. They left the yard with twelve waggons of stock, and pulled into the top end of the freezing works’ siding. Receiving a signal, they went back, the brakes being put on by the shunter. After uncoupling the engine from the waggons he came along and gave witness a signal to pull out. Witness was looking out, and noticed that a W wagon on the next siding was too close. The brakes were immediately applied, and witness heard deceased call out to stop. Witness got down, and found deceased pinned between the tank of the engine and the W wagon. Deceased’s legs were caught between the engine and the wagon. The wagon was jacked up, and deceased released. Assistance was sought from the freezing works, and deceased was taken away to await the arrival of the doctor. A high wagon pushed in front of the engine obscured its light.
To the Coroner: It was the shunter’s duty to attend to the points.
To Mr Connolly: Deceased was riding on the fireman’s side of the engine. There were no lights shining on the points to draw the attention of the shunter to the fact that they were lying wrong. If the points were lying wrong going in the movement of the points lever as the trucks passed over would have been noticeable had the lighting been sufficient. Coming out to the main line they would be travelling from eight to ten miles an hour. The one light on the freezing works siding did not show on the points, as six wagons were standing between the light and the points. Had the department supplied suitable lighting witness thought he would have had a reasonable chance of detecting that the points were wrong. He know of nothing to prevent the pushing of a wagon ahead of the engine in shunting. Had the lighting been good enough witness would certainly have seen the “foul” wagon at least a length sooner than he did. From the time he noticed the obstruction until he stopped he travelled about 28ft. Had he pulled up about a length sooner deceased would not have been struck. With the provision of light in the yard he thought there would have been a reasonable chance of avoiding the accident.
To Mr Barrowclough; It was the usual thing for the points to he set to run on to the main line. The lever of the points was of a dirty white color. It was a dark night, and the fact that the lever was dirty would make it less easily visible. He did not know who left the six wagons in the position they were in, but they fouled the main line by two inches. He had experience of shunting in the yards.
FIREMANS EVIDENCE. Frederick Rae, fireman on the. engine, said they left the bottom yard and pushed twelve wagons of stock to the freezing siding, where witness received the stop signal from the shunter. The shunter then went to the other side and put down the hand brakes on the wagons. They then proceeded to the top end of the yard. Nearing the W wagons witness could not see plainly, as it was too far from his side, and an L wagon on the back of the engine obscured his view. Witness was told by his mate of the accident, and went for assistance. It was a wet, dark night. The place was poorly lighted.
To the Sub-inspector: He could not say why the L wagon was being pushed in front. The shunter had it there.
To Mr Egan: The yard was unlighted at the top end.
To Mr Connolly: Going from the old main line to the freezing yards, the shunter would be riding on the front of the wagon. Witness thought that if the lever were painted white it would have attracted the shunter's attention. Had there been a suitable light the shunter could not have failed to notice the points, and witness would have seen them himself. Had witness seen the points were set wrongly he would have drawn the attention of the driver to the fact. Witness knew of no rule to prevent a shunter having a wagon pushed ahead of the engine. It was commonly done.
To Mr Barrowclough: If they were not allowed to push a wagon they might have to go miles around to get in front of it. There ware no lights beyond the freezing works lights to shine on the place.
To the Coroner: The lights at the freezing works were of the power used in house lights.
OTHER EVIDENCE. John Thompson Turnbull, shunter, deposed that he assisted in the removal of the body. Deceased asked witness not to allow the driver to let the wagon down as it would tear his legs off. Deceased also said: “Give my love to them all." The experience of witness was that the points were always lying to the main line. They must have been shifted that night. There was only the light from the freezing works.
To Mr Connolly: No lights at all were provided by the department in the yard. About twelve months ago witness asked for a light in the yard. He thought all the shunters had asked for lights. Witness asked the station master, who agreed that lights were necessary. None had been supplied. The freezing works lights were not for the convenience of the shunters, but for the unloading of stock. After the stock was unloaded the lights were put out. The wagons obscured what light did come from the freezing works lights. Witness remembered an engine being derailed at the points over twelve months ago, it was because the points were lying at “half-cock.” The work at Burnside warranted an assistant shunter, and such a request had been made. The lever of the points was practically black in color. The levers were now being painted white. He did not know what deceased would have to do to go near the points, which were wrongly set.
William Franklin Bennett, station master at Burnside, said Benfell had been released when he got to the scene of the accident. Witness accompanied Benfell to the hospital. Benfell died on the way in. There were three lights of the Freezing Company not far from the scene of the accident. On one night of the week there was a necessity for an assistant shunter. There was one supplied on Tuesday nights.
To Mr Connelly: One of the three lights he had mentioned was 60yds from the points, and the other two were further away. In ordinary circumstances these two lights were of value to the shunters. At the time of the accident they were of no value whatever. Witness had been approached by shunters for lights in the yard, and had agreed that lights were necessary on stock nights.
To Mr Barrowclough: He thought it would be desirable to have more lights.
Edward Mason, veterinary surgeon, deposed that he was called to the scene of the accident to give assistance, and accompanied deceased to the hospital.
George Mason, engineer at the freezing works, said the light on the post nearest to the yard was thirty-two candle-power. It was for the convenience of their own men coming to work.
To Mr Connelly: His wife rang for the doctor. She informed witness that Dr Gordon Macdonald refused to come because he had not been called by the railway officials. She told him he was being rung at the instruction of the railway officials. He thought the lighting was inadequate for the work carried out.
Donald Kilpatrick, shunter, who was called by Mr Connelly, said that on several occasions he had asked the department to supply lights. About three months ago the electric line inspector was out at Burnside, and told witness that three lights were being provided. Witness had suggested that one light should be provided at the scene of the accident. Mr Egan said the department had a scheme in hand for improved lighting at various stations throughout New Zealand. They would be fitted up in connection with their importance. Burnside was on the list, and would be supplied with better lighting.
THE CORONER’S REMARKS. The Coroner said the unfortunate fatality was caused by an unfortunate combination of events. The points being wrongly set, the engine and truck were diverted on to the wrong line. That resulted in the engine being brought into contact with some six wagons which were leading down from the Refrigerating Company’s siding, and which overlapped and fouled the way. The engine was pushing a wagon ahead, and did not throw any light on the line. There was practically no lighting in the yard. There was lighting from the freezing works, but it was ineffective. The conditions of work had been criticised in several respects. It appeared to him that the conditions were faulty and were more dangerous than they should have been in several respects. No doubt shunting was always dangerous, and so the working conditions should be made as safe as was reasonably practicable and possible. In the present case the cross-over points had for some unexplained reason been set in the wrong position. There was no evidence, however, to show who was responsible or whether there was any interference. Then there was the fact that the lever of the points was not painted white, making it not so visible to the shunter. That was a weakness about the position. Then there was the evidence that the lighting was bad, and the combination of these two weaknesses, with the fact that the engine’s light was obscured by the truck ahead, led to the engine being pulled up too late. Mention had been made that an assistant shunter was necessary, but that was a matter for the responsible officers of the department to deal with. He noted that proper lighting was now to be provided at Burnside. All he would say in regard to that was “the sooner the better." It was unfortunate that, with the unlimited supply of power and the cheapness of lights, some had not been provided to make the conditions of work safer. The verdict was: “That death was due to internal injuries received through being accidentally crushed while shunting at Burnside yards." Dr Gordon MacDonald informs us that he did not understand that the request for his services was made on behalf of the railway officials. -Evening Star, 22/6/1925.
IN MEMORIAM.
BENFELL.—In loving memory of Frederick Amos J. Benfell, accidentally killed at Burnside, June 12th, 1925. Until the day break and the shadows flee away. —Inserted by his loving mother.
BENFELL.—In loving memory of my dear husband and our father, Frederick A. J. Benfell, accidentally killed, N.Z.R., Burnside, June 12th, 1925. Sadly missed. —Inserted by his loving wife and family. -Evening Star, 12/6/1926.
The principal matter before Sir Wm. Sim, sitting in Chambers this morning, was an originating summons by which the court was asked to determine in what shares the £1,500 paid as damages under the Deaths by Accident Compensation Act in respect of the death of Frederick Amos Joseph Benfell, railway shunter, who was crushed by a collision at Burnside on June 12, 1925, shall be divided by the Public Trustee amongst the widow and children. After hearing Mr F. B. Adams (for the Public Trustee and the infants), and Mr H. E. Barrowclough (for the widow), His Honor made an order in terms of the draft submitted, this providing that the money, after payment of the second mortgage on the residence, shall be divided in the proportion of one third to the widow and two-thirds to the children, the Public Trustee to hold the children’s share during infancy. -Evening Star, 25/6/1926.
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