LEVEL-CROSSING COLLISION

Press, Volume LXXXVII, Issue 26513, 30 August 1951, Page 2

LEVEL-CROSSING COLLISION

DAMAGES AWARDED | TO CROWN J (New Zealand Press Assoctattonf ! WELLINGTON, August 29. As far as I know, this is the first r time the Railways Department has I sued somebody for damage to its ve- ffl hicle on a level crossing,” Dr. O. C. ul Mazengarb, K.C., told a Supreme Court ( jury when a damages case opened be- m for Mr Justice Gresson. The jury, P after viewing the scene of a collision f at Lower Hutt, returned a verdict in L favour of the department, awarding damages totalling £6Ol 3s lid, the full P amount claimed. , T . Dr - Mazengarb appeared for Leslie !| Vincent Manning, a carrier, of Petone, pi who was sued by the Crown to cover I damages caused to the Railways De- hl partment rail-car Arai Te Uru at Mars- lU den street crossing. Lower Hutt, on i February 22, 1949. The Crown claimed v that Manning failed to keep a proper lookout, failed to reduce speed, and failed to stop his truck. The defence alleged negligence by n the department. It said that the railcar s horn could not be widely heard “ by drivers, no warning signals were provided on the crossings, and the rail- | car was allowed to be driven at an U excessive speed. Dr Mazengarb said that after the I] accident the Crown had had legislation | passed which virtually placed the whole responsibility at crossings on n the motorist. “Now it is trying to say that not only is it not responsible “ for damage it causes, but It is entitled „ to claim damages where the rail-car itself is damaged." said Dr. Mazen- I* garb.