A MENACE

Hawera Star, Volume XLVIII, 13 November 1924, Page 5

A MENACE

RAILWAY CROSSING ACCIDENTS.

OFFENDER FINED. DANGER TO-LIFE. [The railway crossing menace in New Zealand has assumed such proportions that the Railway Department has decided that, in all future cases, offenders who fail to take adequate precautions will be prosecuted with the utmost rigour of the law.. In the Magistrate’s Court to-day an offender was severely dealt with by Mr J. S. Barton, S.M.] A sequel to the collision between the mail train and one of the General transport Co.’s lorries, which occurred on the-night of September 4 at the crossing near Waipuku, was heard Jit the Hawera Magistrate’s Court today, when the driver of the lorry, George G. Ilastedt, was charged Oil three counts: (1) That he failed to keep a vigilant lookout for the appioaching train; (2) that he attempted to- drive his lorry across a level crossing when the engine and carriages were within half a mile; and (3) that he attempted to cross when the line was not clear. •

Mr G. 11. Brodie, for defendant 1 , pleaded guilty to the charges laid, and Mr Matthews stated that lie was appearing for tlie Railway Department. : Mr. Matthews said the Railway Department were very reluctant, in cases where the defendant had suffered serious injury, to take proceedings, but they. realised that they were, in duty hound, to .protect the travelling public from the likelihood -of serious accident, and on that account they wanted it known that they intended to prosecute in every instance. The present case assumed a serious aspect in view of the fact that defendant’s lorry had got caught up on the front of the and had boon carried about 150 yards down a grade on to a bridge, where only a miracle prevented the train from- being precipitated into the river. Defendant was a driver for the General Transport Co., and he had been over the level crosslng frequently. The engine carried a bright light and a prolonged whistle had been given prior to the crossing being reached. While the department were not pressing for a heavy penalty they felt that more than a nominal one should be imposed. Also*, the department had been put to considerable expense in gathering evidence, as they had been advised that the case was being defended. Mr. Brodie said that the defendant had been the victim of a most unfortunate accident. At one time defendant had considered the matter of defending the case, but lie had been delayed in giving a definite reply owing to the fact that he had been laid up with influenza- It was because of this that a fortnight's adjournment had previously been asked for. The crossing in particular, was probably one of the most dangerous in the Dominion, and the Stratford Progress. •League had recently passed a resolution urging the department to make the approaches clearer by the removal of a surfaceman’s cottage. Apr proaching the crossing from the direction in which defendant came on the night in question, the train could not be seen until a point 20 yards from the crossing had -been reached. Defendant estimated his speed at' from 5 to 8 miles per hour, and the train would be travelling at about 45 miles per hour. On these figures the train would take 8 seconds to reach the crossing from the point at which it was first visible, and assuming that ’ defendant was travelling at 6 miles per hour, the front of the lorry would be 3 yards over the crossing in the 8 seconds. Defendant had not seen toe train coming and. had not heard the whistle, although, this last men-’ tioned fact might be accounted for' bv the rattling of the lorry. Defendant had only done 4 or 5 trips over the crossing previous to the accident, ’ and he had been off worksince that date. He was a married man, had no money, and while he would be off work for some time yet, he might never recover from the nervous ishock.

The Magistrate said that one must feel sympathetic towards defendant, but at the same time the accident was the result of his own negligence. The crossing was a most dangerous one, and if defendant had been over it four or five times he must know that it called for more than usual care. Eight seconds was a long time, and was sufficient in which to pull up. The A.S.R.S. and the Drivers’ Union were repeatedly passing resolutions asking the protection of the courts in such matters, and they pointed out. that in their case they could not deviate and they often had a heavy train running down a grade. After such an incident an engine-driver wits often incapacitated for a week, and sometimes he never recovered his nerve. The Magisn ate agreed that it was illogical to indict a fine on a man when the man’s own safety had been at stake, but it was necessary to do so as a warning the general .public and to other drivers.

On the charge of failing, to keep a vigilant look-out defendant was fined and 7s court costs, with £1 14s prosecution expenses. On the other two charges a fine, of Is and 7s court costs was imposed in each case.