LEVEL CROSSINGS.

Stratford Evening Post, Volume XXXVII, Issue 32, 8 October 1913, Page 6

LEVEL CROSSINGS.

THE QUESTION OF LIABILITY.

[Per Press Association.] Wellington, October 8

in the case, Hall v. the King, Mr Reed, K.C., for suppliant, submitted that the Railway Department was bound to exercise the authority giv>

it by Statute to establish level crossings not only strictly in compliance with the Statute but also with the highest degree of care to prevent injury to persons or the property of those lawfully passing along the highways. He contended that the duty of the executive Government when constructing railways under statutory authority was the same as that of a private individual. If the Department failed to exercise a proper degree of care such as was rendered necessary by the location of a crossing or the conditions surrounding it, the crossing became a nuisance to the extent of its injury to persons lawfully using the crossing, and the Department were liable in damages for all consequences.