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Deceased and another rolleywayman named Parry, who was in charge of the work, were taking rails inbye in a coal tub, and on a tram drawn by ponies ; on coming to a point where the road dipped inbye Parry directed deceased to take his pony and tub down the incline to a place of safety, and to signal when he was clear ; Parry stated he received a signal twice, and he then took out one of the drags from the tram, which carried 18 rails each four or five yards long, and let it go, following with the pony ; he came upon the tub into which the tram had run and deceased lying dead at the side of the road ; the jury thought there had been carelessness on the part of Parry.
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