CROSSING FATALITY.

Auckland Star, Issue 111, 13 May 1935, Page 8

CROSSING FATALITY.

DEATH OF ERNEST CLEAVE. DRIVER OF CAR CHARGED. A sequel to the collision Iwtrveen a motor ear and the Waiuku train at the Paerata level crossing 011 February I~>, when Ernest Henry Cleave sustained injuries from which he died, was the charge at the Supreme Court this morning against Walter Harry Rowe, aged 29, driver of the motor, of negligent driving causing death. The charge was heard before Mr. Justice Reed. A[r. V. R. Meredith prosecuted, and Mr, Goldstine appeared for the accused. The accident happened in full daylight about 0 o'clock though it was raining heavily, said Mr. Meredith. The duty of every motorist approaching a railway crossing was to take care. Unfortunately, owing to the chance of an accident being relatively slight, he thought he was justified in saying that there h ps' a practice among motorists of tuking a chance. But there was not a good view of a railway line and a crossing then a motorist should go to the extent of caution, even pulling up. The slight inconvenience was nothing compared with the rink to human life. At this particularly crossing, the Crown Prosecutor continued, there was a view of the line for about 240 yards approaching the crossing. One would think that that being so, if a motorist kepi a careful lookout for any appreciable time, then the train would have been in full view. The fact remained that the car driven by the accused continued on and was struck on the crossing, The other occupants, Mrs. Cleave and her daughter, and the accused were thrown clear, but Mr. Cleave sustained injuries from which he died later.

Mr. Meredith said that the accused in a statement to the police said that he approached the crossing at a moderate speed and looked to left and right just before reaching it. The whistle of the engine was sounded when the train was right on the crossing. Accused said that he had then no possibility of avoiding the accident. "It may be suggested that because of the rain accused's vision was obscured, but it has to be considered whether he really had a sufficont and effective look," concluded Mr. Meredith.