THE COLOMBO STREET CROSSING.

Press, Volume LXVIII, Issue 14289, 27 February 1912, Page 5

THE COLOMBO STREET CROSSING.

—, *. _. A SUPREME COURT CASE. DR. BROWNE'S CLAIM FOR j DAMAGES. . It will bo remembered that in July last a collision occurred between 'i motor car driven by Dr. William Frederick Browne, and a row of trucks which were passing over the crossing. The sequel to the aifair was that a petition to the King praying for £305 damages was filed by Dr. Browne, aud was heard in the Supremo Court yesterday uiornin_: before his Honour Mr Justice Denniston. Mr H. J. Beswick appeared tor the petitioner, and Mr T. W. Stringer for the Crown. The case for the petitioner was that about 6 p.m. on July ll)th he drove ; his motor-car out of Moorhouse avenue into Colombo street, with a view to proceeding south along Colombo street. He noticed that a green light was being shown by the crossing-keeper. He j pulled up his car, and saw that some ; trucks were being shunted. When iho j shuuting was apparently completed th- j crossing-keeper withdrew the signal !.y j turning his lantern towards his leg, j and then moved out of tho way .. ! the road traffic, allowing it to pro- j ceed. Tho petitioner started his car, i and almost immediately after doing bo a number of trucks appeared out i. the darkness, and ran into the car. Thero were no lights on the trucks, and it was impossible to sco them until they were quite close. Tho petitioner "claimed that the accident was due to negligence in shunting trucks across the level crossing in tne dark, without taking proper precautions to warn persons who might bo using tha ! road, or to tho negligence of the cross- ! ing-keeper in so conducting himself t-s , to lead people using tho road to sup-, j pose that it was clear. Tho damage to ■ the car and depreciation amounted to ! £250, and the petitioner also claimed j j £_5 personal damages, and £30 for the hire of a car. ' The petitioner gave evidence in support of his claim. Evidence was given by Randolph | King, who said that he arrived at the ! grossing on his motor-bicycle as the j through train was passing. He did not '• stop, but proceeded straight ahead, j only slowing down till the train had j passed. The erossing-ke'eper had tho j ; light turned in towards his leg, and j was not displaying it as was usual ! when shunting was going on. George Irving McEwen aho gave evidence. He knew that 'iho light had been shown, and when he did not see it ho thought that it was a signal that he could go on. He moved on, and stopped when the accident occurred. James Ernest Rule, employed by Adams, Limited, produced tho account for repairs to tho car. The car was worth from £100 «to £125 less than before tho accident George Edward Good," president of the Sydenham Burgesses' Association, said that the practice at the crossing varied. During the day it was usual to show tho red or green flag. There were threo lines on the south side', three on th£ north side, and in between there wds one central line. The distance from the south side to the central lino was about forty yards, and from tho centre lino 'to the north line about - twenty-five yards. The crossing over all was about sixty-five yards. It had been frequently, noticed that there wis a difficulty if theie was a train on the south scfi of lines, and the crossingkeeper was there to warn the public. Immediately the warning was lifted the people proceeded across the line. Tho crossing-keeper would be facing the peoplo, who would be proceeding towards him. Frequently, without warning, shunting operations would, bo proceeding on vhe north lines. Tho public, having had the signal to proceed, frequently incurred a danger through "this happening. The crossing-, keeper, when signalling peoplo to proceed, frequently turned the light into his leg, and that was read by the public as an . indication that they could cross. '■-.-' During- the luncheon adjournment his Honour visited the crossing, and had the positions of the vehicles and witnesses ait the time of the accident oxplained to him. . The case for the petitioner was closed, and Mr Stringer opened for tho Crown. Alexander Morrison, carter, stated that ho was at the crossing on the evening of the accident. He had his vehicle wiih three horses in front. The,cross-ing-keeper stopped witness., The trucks, drawn by an engine, went over j the crossing, nnd Dr. Browne appeared ■. with his motor-car just as the tail-end of the trucks was disappearing. The • , doctor pulled up momentarily, and then I went on very slowly. Witness called ] out' "Whoa, doctor I" but ho.did not | think that the petitioner .heard hira. ' Ho (witness) could see that the trucks were coming back. He did not see anything done by tho crossing-keeper to justify the petitioner going over the crossing. Jeremiah Shelley, crossing-keeper, said that he had been crossing-keeper, for a month before the accident. On July 19ti he took up a position in the centre of the crossing, on tin? ''island," when tho bell signalled a train. The engine drew some trucks over towards Addington, and then some of them were kicked back. The petitioner camo np in hie motor-car, and witness stopr>cd him by turning the green light on him. A second lot of trucks were then kicked over. Tho doctor had gone on in the meantime. Witness and someone else sang out to stop hira, but the doctor did not hear thorn. The collision then occurred. Witness had not indicated in any way that tho traffic cnuld proceed. The liirht was in his j riprht hand, and was showing towards j Sydenham. T_o practice was for witness not to leave the crossing until tho ' track was clear, and his leaving was o sijrn that'traffic could go on. Leonard B. .Adams, also ftavo evidence. He said that it was the curtora to draw trucks across the street and clear of the street to allow peoplo to cross, even though shnnt : n.~ might commence immediately the trucks were over. Patrick Close, shunter, said that tho first lack of trucks had not cleaVed Colombo street before the ?r>cond was • started off. The cas-lamps were burn-, ins. the bells rinsing, and the crofs-'ng-keeper was in the middle of the crossin:.. Evidence was also given by John Coupon. -Aft°r • hearing counsel his Honour sa : d 'that ho would give a formal judgment later. j '■ . P