MAGISTRATE’S COURT.

Stratford Evening Post, Volume XXVII, Issue 35, 11 June 1915, Page 6

MAGISTRATE’S COURT.

TO-DAY’S SITTING. v (Before W. G. Kenrick, Esq., S-MO Judgment by default was entered an (lie following cases:— A. J. Davey (.Mr Malone) v. J. E. Yoqpg £l4 19s 6d, costs £2 18s 6d. Beit Rfai’kiiess (Mr Macalister) v. S. ,Beaven £7 17s, costs £.l 3s 6d. * , Ppjilic .Jrpstee ($f .Stanford) v. A. • E.( Edwards £23 4s, costs £2 14s 6d. JUDGMENT SUMMONS. \ ', T. J. .Sextan ,v. F.' ( Cow;ell.—An order was made for payment of £ls I,Gs Gd forthwith, default being fixed at seven days’ imprisonment, RAILWAY CROSSING AGAIN.

Walter Joseph Newton (Mr P. Thomson) pleaded guilty. Sergeant Dale stated that defendant crossed the line despite warning bells and whistles from the train. Mr Thomson said that the bells started to ring only when defendant yyfys a()QiJt twenty-two feet from the line. He had no chance of pulling up, as.there would be risk of an accident. Defendant made a practice of pulling up when approaching the crossings in Stratford. After he .bad crossed he went down ,to .the Station blaster and complained of the insufficient .warning. The Station Master said he would have the matter seen to, .admitting that t,he bell could be rung earlier.

The Magistrate said that in all cases of this class defendants seemed to approach the line at too rapid a speed. The Act provides that the train should stop when the train was i mile away. ; George Hunter, signalman, said that the train was coming from New Plymouth, and as soon as he thought that it was time to ring the bell he put the switch on. Defendant was not in sight when the bell was ringing. The bell rang for about 1) minutes before Defendant crossed the crossing. Defendant crossed the line about ten yards in front of the train. To Mr Thomson: The regulation speed for crossings was six miles per hour. The bell sometimes got out of order but was all right on the day of the offence.

Defendant, in evidence, said that he was conning up Regan Street and he was not more than twenty-two feet from the line when the hell rang. A strong westerly wind was blowing, and in that case he would hear the-' beR some distance down Regan Street. He measured the distance from' the line to the spot where be first heard tlie bell. He could have pulled up, but considered that it was unsafe, as he may have pulled up too close to the line. The up train was at the north end of the station, and consequently he thought that the dqwn train was in. He never drove at al greater speed that 23 miles per hour at any time. He frequently crossed the line, and was prepared to say that often the bell did not ring when the trains were approaching.

The Magistrate said that at dangerous crossings the train cannot alter its course, but motorists can. Motorists can and must approach at a speed at which they can pull up at once. There was a difference of opinion as to the distance at which defendant was from the train. If motorists approached at a greater speed than would enable them to pull up they took the risk. He would in the circumstances impose a fine of 10s and 7s costs. MAINTENANCE CASES.

Mabel Green v. William Green An order was made, defendant to pay 5s per week for each child and 5s per week for his wife; in default six months’ imprisonment.

Alice Hodge (Mr P. O’Dea) v. William Thomas Hodge (Mr R. Spenqe). In this case the Court was asked to fix the amount of maintenance. Defendant in evidence said he was prepared to pay 30s .per week. Plaintiff would not aqcept this. An order was made for £1 2s (id for the wife and 12s 6d for one child living with her. Costs were fixed at £T Is.