A RAILWAY CASE.

Wairarapa Daily Times, Volume XV, Issue 4877, 15 November 1894, Page 2

A RAILWAY CASE.

ll Rqilwey Commissioners uJhomosTro.sk:

; In thiH case it refusal by District Judge Kcttlo to grant ut new trial on a nonsuit, or judgment for defendants, in the case of Thomas Trask, (of Aiivapuui) v the Railway Commissioners, was appealed against. An engine ran into a vehicle belongimr to Mv Thomas Trask while crossing the line from his rcsidonco near tho Awapuni Hallway Station, where there is a private level crossing. \ lii the Court, before ,-a j jury, plaintiff obtained £55 damages pu't'of.a claim for £ll7 10s, on tliol ground that the driver of the engine neglected to blow a, warning whistle near the crossing. Henco tho accident. In giving judgment to-day tho Court allowed' tho appeal, holding, that-the engine had not run at mi cxcejisivc speed. Tholinewasstyaight /or 'over, half a niilq from Trask's .crossing, and there had been negli'genofiuli the parts of .tho 1 occupants of tho.vcliiolo in not fully satisfying themselves that tho.line Was bleaiv jOi-o'ssings wero'so numerous between jLongburii and' Palmerston that if a warning whistle iiacl : to ;bo blown lit each. there would Vbe .'..coiitiriiJat whistling, ; and : , ni'uch,.'.aunoyaMo" caused, thereby.; Such; not provided, for in tho railway regjh lations, which stated: that' any.unueces'sary use of iho whistle'was ib. bc.aY9fded^ ; ; the jowes sja^jfysfr:.' Vp« >i; %