SMASHED ROLLER

Sun (Auckland), Volume I, Issue 283, 20 February 1928, Page 1

SMASHED ROLLER

CLAIM FOR DAMAGE AT CROSSING FIRST ACTION IN 20 YEARS Interest was lent to an action commenced before Mr. Justice Blair in the Supreme Court this morning, by reason of the fact that it marked the first claim brought against the Government for a railway crossing accident for over 20 years. The action was? brought by Henry Rothery, contractor, of Glendowie, near St. Heliers Bay (Mr. G. P. Finlay), who sought to recover damages from the New Zealand Government Railways Department (Mr. V. R. Meredith), following the striking of his steam roller by the Whangarei Express from Auckland shortly after 9 o’clock on the morning of May 10 last. The damages were assessed at £l5O 7s 8d for repairs to the roller, £ll4 for new fixtures, £ls for depreciation, £IOO general damages, and the sum of £3 5s a day from May 10 until May 31 for loss of profit. , In opening, Mr. Finlay stated that the roller was being driven to Gladstone Road works, off the new North. Road. The crossing was well known, being situated in a hollow off the main road, at Mount Albert tram terminus. The roller was under hire to the Mount Albert Borough Council, and was being driven by a man named Evans. When he reached the train rails the front wheel of the roller went over, but the two rear wheels caught. The driver made repeated and strertfuous endeavours to shift the roller, taut it would go neither backward nor forward. Before he had reached the crossing he had seen that the signals were all against oncoming Sev • eral people assisted him in his efforts to shift the roller, but it was uCnavaiiing. About eight minutes later the signal fell. “This showed that the signaltman had let the train through, and one wonders what signals are for,” said Mr. Finlay. “As soon as the portejr started the bell he saw the roller ajeross the line, and immediately put the home signal against the train, taut it was too late, and the express came on and crashed into the roller and flung it clear. Several boys had, prior to this, run down the line and had waved and yelled at the driver, but he came on.” It would be suggested, «aid counsel, that if a steam roller could be blocked over a railway line because of the state of the crossing, it was for the jury to say whether or not that was negligent on the part of the authorities. At this stage the Court adjourned and visited the scene of the accident, and will resume this afternoon.