FINED, AND HIS HORSE KILLED.

Dominion, Volume 5, Issue 1343, 22 January 1912, Page 4

FINED, AND HIS HORSE KILLED.

i INTERESTING RAILWAY CASE. * ' fßy TcleeraßJi.—Press A.BBoclattoa.l s Auckland, January 21. p A judgment of importance to propert; t owners who have access to their lands 1j means ot private railway crossings wi • given by. Mr. 1\ V. Grazer, S.AI., in tl: I ease the Kaiiway .Department v. Edwar j. Kylauds. The defendant is a carter en ployed by a roan who has a propcrt about three-quarters of a mile to th south oi the llelensvillc South raihva station, aud in order to reach the pr< ? perty it is necessary to cross the ruilwa " line at a private crossing. * On Octoix - 31, the 'defendant was driving to the prt t perty, and on approaching the privat p crossing looked at his watch and ascei » tained that the regular 3.30 p.m. trai • was not due. Hearing no whistle, h deemed it sate to cross the line, anc : opening the near gate, drove over tho Jim • leaving a leading horso on tho line whil ) he went hack to close tho gate. Whil - he was thus engaged a ballast-train cam • along, and, owing to the configuration c > the country, tho engine-driver was unabl to see the horse in time to prevent . l collision with the animal, which was d( > stroved. The authorities prosecuted th , defendant under a section of tho rrgula > tions which provides that a person mus i ascertain that no train is approachinj within half a roilo before crossing a line > In giving judgment, the magistrate sai( that the deiendant did not take reason . able steps to ascertain if there was i . train approaching within half a mile, am - that his excuse that the engine did no . whistle was not a vivlid excuse, inasmncl . as he (the magistrate) was unable to fuu • any definite authority for the staternen that the engine-driver should havi I whistled. The employer had suffered con siderable loss through the destruction o a valuable horse, and tho ends of justie would bo mot by a nominal fino of .Is. and defendant being ordered to pay cost amounting to «£8 18s.