RAILWAY CROSSINGS.

Hawera & Normanby Star, Volume LXV, Issue LXV, 8 October 1913, Page 7

RAILWAY CROSSINGS.

LIABILITY OF THE GOVERN-

MENT.

BY TELEGBAPH—PKESS ASSOCIATION. WELLINGTON, Oct. 8. In the case Hall v the King, Mr Reed, K.C., for suppliant, submitted the Railway Department was bound to exercise the authority given it by Statute to establish level crossings not only strictly in compliance with the Statute, but also with the highest degree of care to prevent injury to persons or the property of those lawfully passing along a highway. He contended that the duty of the Government when it constructs railways under statutory authority was the same'as that of a private individual. If the Department failed to exercise a proper degree of care, such as was rendered recessary by the location of a ' rossing or the conditions surrounding it, a irossin^ became a nuisance to the extent of its injury to persons lawfully using such crossing, and the Department was liable in damages for all consequences.