THE LEVEL CROSSING ACCIDENT.

Press, Volume XLVIII, Issue 7847, 25 April 1891, Page 6

THE LEVEL CROSSING ACCIDENT.

[PRESS ASSOCIATION TELEGRAM.] INVERCARGILL, April 24. To-day, George Burgess, the carter, who narrowly escaped being killed at a level crossing in town last week by a shunting engine, was charged by the Department with having "wilfully and knowingly attempted to cross the railway when a train was within a quarter of a mile. Burgess asserted that owing to the proximity of two particularly noi3y factories he did not hear the engine whistle at the usual point, and that when the warning whistle was given the effect was to startle the horse, which plunged forward, and the rein having broken he could not control him and got on the line. The evidence showed that the speed of shunting engines "within the station yard" is limited to six miles an hour, but the accident occurred outside the yard, and it was admitted that the speed might have been seven miles. The station was only a few chains away round a curve, so that the shunting engine wbich runs intermittently may at any time be within a " quarter of a mile of the crossing," and approaching without the knowledge of pedestrians or horsemen. Mr Rawson, R.M., held that a person crossed " wilfully and knowingly" if he did not exercise a reasonable amount of caution. As the Department did not press for a heavy penalty, a fine of Is, and 7s costs was inflicted. Burgess is practically thrown out of employment by the accident. The smashed dray still lies where it occurred,