10 -
orders for the barge on the Pickstock Street side to be swung

back so that the portion of the apron projecting ov-r the water

could rest on it to support the crowd. While the barge from

Pickstock Street side was approaching the apron, the crowd on the

Richard Sidewalk side in their anxiety to get across, rushed on

to the apron, and the result was that there were more people on

the apron than the apron could support and tho apron collapsed.

26. It is likely that had Mr. Smith not ordered the barge on

the Pickstock Street side to be swung back to the centre of the

river, the accident might not have occurred, because the last minute

rush on to the apron might not have taken place. However, we wish

to make it very clear that we attach no blame to Mr. Smith; to the

contrary, we commend him for his foresight end efforts to forestall

the danger to the crowd on the apron.

27. It must be remembered too that the apron was still in the

course of construction and not yut properly fixed into position.

But even if the apron had beun completed there was still the danger

that it would have collapsed under this abnormal w eightt because it

was not intended to support any weight other than that of the apron

itself.

28. The route over which the temporary pontoon bridge was

placed had never been used before as a right of way and it had not

yet been declared open for any kind of traffic.

29. Many efforts had been made by the Police and the workman

of Milan to prevent people from using the bridge but despite these

efforts many persisted in using it. There was no evidence of any

arrest being made by the Police as a result of disobedience to

their orders and it appears that the Police themselves were uncertain

as to their rights of arrest in such cases. It is, however, clear

from the evidence of the remarks made by people using the pontoon

bridge that in several instances they were well aware that they wre

using the bridge at their own risk.