PRIVATE RAILWAY CROSSING

Taranaki Daily News, Volume LIV, Issue 174, 22 January 1912, Page 8

PRIVATE RAILWAY CROSSING

AN -IMPORTANT JUDGMENT. By Telegraph—Press Association. Auckland, Last Night. A judgment of importance to property owners who have access to their lands by means of private railway crossings was given by Mr. F. V. Fraser, S.M., in the case Railway Department v. Edward Rylands. The defendant is a carter, employed by a man who has a property about three-quarters of a,mile to the south of Helensville. South railway station, and-in •rder to reach the property it is necessary to crois the railway line at a private crossing. On October 31, the defendant was driving to the property,'and on approaching the private crossing looked at his watch and ascertained that the regular 3.30 .p.m. train was 1 rto'fdue. Hearing no whistle, he deemed it safe I to cross the line, and opened the near gate, drove over the line, leaving a leading horse on the line while he ; went back to close the gate. While he was thus engaged, a ballast train came along, anil owing to the configuration of the country, the engine driver was unable to see the horse in time to prevent a collision i with the animal, which was destroyed. | The authorities prosecuted defendant under a section of the regulations, which provides that a person, must ascertain . that no train is approaching within half a mile before crossing a line. • In giving judgment, the magistrate said that defendant did not take reasonable steps to ascertain if there waß a train approaching within half a mile; and that his excuse that th£ engine did not whistle was not a valid excuse, inasmuch as he (the magistrate) <wu unable to find any definite authority for the statement that the engine driver should have whistled. The employer had suffered considerable loss through the destruction of a valuable horse, and the' ends of justice would be met by a nominal fine of ss, the defendant being ordered to pay costs amounting .to £8 18s. ' ,