Goldstine v The King - [1947] NZLR 588

Negligence — Contributory Negligence — Engine-driver, after signing off, crossing Railway-yards for Own Purposes — While standing in Dangerous Position knocked down and killed by Rake of Trucks in Shunting Train — Effective Cause of Accident — Negligence of Railways Department found — Onus of Proof of Contributory Negligence — Nature of such Required Proof.

Practice — Trial — Verdict — Jury's finding Defendant Negligent — No Negligence found on Deceased's Part — Motion for Judgment for Defendant — Necessity for Convincing Proof that No Reasonable Explanation of Deceased's Conduct consistent with Due Care on his Part — Absence of Evidence disclosing such Convincing Proof — Jury's Verdict to stand.