The Evening Mail. TUESDAY, AUGUST 14, 1877.

Oamaru Mail, Volume II, Issue 403, 14 August 1877, Page 2

The Evening Mail. TUESDAY, AUGUST 14, 1877.

The case against Hobei:t Cj.::'.lla>~;>, heard at: the lUsident Magistrate's Court 3'ests.rdav, calls for comment. The charge was that accused had driven a vehicle across Thames-street when an engine on the railway was within a mile of the crossing. It appears to us that the railway regulation under which Clelland * was arraigned is far too stringent to bo applied to the crossing in T.,ames-stivet. The configuration of the line is such, in this locality, that it is absolutely impossible for anyone to ascertain whether the train is within the distance of the crossing stipulated by the Act, or not. Certainly it cannot be seen within a few hundred yards of the crossing, and we doubt very much, if the driver whistled as in the regulations directed, whether the sound could be heard for a mile, even if a person's auricular powers were so acute that he could determine distance accurately. But if a man fails to do this he renders himself liable to be mulct in a penalty of £SO. Human nature can only judge of dangers by the use of the senses with which it has been endowed, and if a man can neither see danger, nor hear its approach, the only remaining sense at 1 is disposal is that of feeling. That some one will yet, unless steps be taken to prevent it, call into play their sense of feeling to an unpleasant extent, in consequence of the awkwardness of this crossing, seems to be the general opinion. Mr. O'Meagker's remarks at the Courtyesterday, during the hearing of the case against Clelland, were such as should ensure immediate action on the part of the G> to remedy the evil complained of. Mr. O'Meagher drew the attention of the Bench to the extremely dangerous nature of the crossing, and mentioned an instance in which he had a narrow escape from being run over by a train. Re said he had just come out of the Council Chambers, and was not able to see the train until it had approached so near to him that he had barely time to

get off the line ill order to avoid being run over. He* pointed out the great danger there was of persons afflicted with deafness meeting with accidents owing to them "being unable to see an approaching train, in consequence of the Council Chambers obscuring all view of the line. Mr. James Ha.ssell, who was cn the Bench, ngrcetl with what Mr. O'Meagher had said, adding that the dangerous nature of the crossing must be thoroughly apparent to everyone.