Public Trustee v The King - [1946] NZLR 134

Negligence — Contributory Negligence — Shunting Railway-carriages detached from Engine — Departmental Rule against use of Air-brake in Shunting such Vehicles except in Emergency — Practice over Period of Years of using Air-brake instead of Hand-brake — Practice Unsafe in Certain Circumstances — Shunter, using Air-brake and supporting himself by Platform Grille which gave way, killed — Jury finding Negligence of Department in not enforcing Departmental Rule and in allowing Practice of applying Air-brake and allowing Defective Safety Guard — Jury also finding Contributory Negligence of Deceased in adopting usual Practice of applying Air-brake instead of Hand-brake — Whether Findings justified — Duty of Railway Department to Employees.