THE COURT OF APPEAL

Evening Star, Issue 15308, 7 October 1913, Page 4

THE COURT OF APPEAL

[Per Exited Press Association.]

WELLINGTON, October 7. Before the Appeal Court application was made for a new trial in the case of Dudley Bruce Hill v. Rex. The proceedings are in the form of a petition under the Crown .Suits Act, claiming £I,OOO damages. Tho suppliant was driving a motor car across a railway crossing at Kaukapakapa, on the Kaipara Railway, when he was run into by a train, with tho result that his motor car was smashed, and ho and his wife suffered severe injuries. The claim was heard before Mr Justice Cooper and a jury at Auckland. The jury found for tho full amount claimed for damages, and formd that there was negligen/x> on Hie part of the Railway Department and no contributory negligence on tho suppliant’s part. The case raised the question of the Crown’s liability for accidents at railway crossings. Apart from the question of negligence and contributory negligence, the Crown pleads that the stippliant was not lawfully or rightfully using the crossing at the tun© of the accident, relying on the provisions of the Government Railways Act, 1908, and by the laws made thereunder.

The Solicitor-General, in opening the case for the Crown, submitted that the Crown was under no obligation to see that an uninterrupted view was obtained of a level crossing, or to give auy warning to persons upon the highway that they were approaching % level crossing. If there was any such obligation, it was fulfilled, and the accident was due to the contributory negligence of the suppliant-. Argument is proceeding.