STEAM ROLLER DAMAGED

Evening Star, Issue 19796, 21 February 1928, Page 9

STEAM ROLLER DAMAGED

CLAIM AGAINST RAILWAYS £Pssit United Press Association.] AUCKLAND, February 20. Tho level crossing accident which occurred on the railway line near Mount Albert railway station on May 10 was the subject of a petition of right heard before Mr Justice Blair in the Supremo Court. The petitioner was Henry llothery, contractor, of Glendowie (Mr Finlay), the owner of the steam roller which was run into and damaged by the engine of the Whangarei express. On the date in question petitioner’s roller was being driven along the road which crosses tho railway line near Mount Albert railway station. Tho roller came to a stop, and was temporarily disabled on the railway line, and while there was run into by a train approaching the station, thrown elf the line, and damaged. Petitioner a.'ogcd negligence on the part of tho fa.n crew, claiming that they failed to keep a proper look out, failed to apply the brakes within a proper distance o‘F the roller, failed to notice warnings to stop, and failed to comply with (he signal to stop from the railway station. In the alternative it was alleged that the brakes were inefficient rr defective. Petitioner claimed the sum of i's‘79. The defence was a denial of the allegations of negligence. Tho case is not concluded.