COLLISION SEQUEL

Hauraki Plains Gazette, Volume 53, Issue 32415, 3 April 1944, Page 5

COLLISION SEQUEL

ACCIDENT AT GUBB’S CROSSING GRADER DRIVER BEFORE COURT The sequel to a collision which occurred between an Ohinemuri County Council grader and the PaeroaThames train at Guibb’s Crossing some months ago was heard in the Paeroa Court on Monday when Francis Stuart, the driver of the grader was charged with attempting to cross the railway line when such line was not clear. Stuart pleaded not guilty and conducted his own defence. Mr H. T. Gillies, Crown Solicitor, Hamilton, who prosecuted, stated that the accident had occurded to the afternoon Paeroa to Thames train. The driver of the train had sounded his whistle 200 yards from the crossing and then the fireman had sounded the whistle when the train was about 150 yards from the crossing when he had seen the grader. The fireman, had also called out to the driver who had applied the brakes but had been unable to stop the train in time to avoid a collision.

L. F. Green, an engine driver, stated that on December 10' he had been driving the engine on the afternoon train from Paeroa to Thames and at about 3.15 p.m. when approaching Gu'bb’s Crossing he 'had sounded the whistle for some two seconds 200 yards away from it. The fireman had sounded; the whistle again 150 yards from the crossing when he had seen the grader coming on to it. The train was travelling at its ordinary speed. He had applied the brakes as soon as he saw the grader but was unable to stop in time. Had Not Heard Whistle

Stuart stated that on the day in question he had 'been grading on Hislop’s road and when he came to Gubb’s Crossing he had looked to see if the train was coming but saw none. If the whistle had been blown he would have heard it and not driven on to the crossing*. He explained that his machine was an old one and care was

needed in handling it. He had to stop at the crossing to lift the blade before he could drive over it, explaining that if the blade struck the line the damage would be serious. He had not seen the train until the grader’was on the line. He had stopped it and tried to get it off the line but had not had time. If he had tried to go on he would not have 'been able to get clear.

The Magistrate stated that no vehicle was supposed to go on to the line without first seeing that the line was clear. If he had kept on instead of wasting time stopping and reversing he might have avoided the accident.

Stuart said that he considered) the driver of the train was not on the look-out.

The Magistrate replied that the onus was not on the engine driver to keep a look-out. It was Stuart’s duty to see the way was clear. After some argument by the Magistrate and Stuart the Magistrate commented very strongly on the stubborn attitude taken by defendant and the time lost by two of the railway staff in being made to attend court unnecessarily. . A fine of £1 with court costs 19s, solicitor’s fee £3 3s Od was imposed.