RAILWAY CROSSINGS.

Lyttelton Times, Volume CXVII, Issue 17907, 28 September 1918, Page 7

RAILWAY CROSSINGS.

" STOP! LOOK OUT FOR THE ENGINE!" IS THE BY-LAW INVALID? An interesting law point, involving the liability of the public in using railway crossings, was raised in a case heard at tho Magistrate's Co'urt yesterday, before Mr T. A. B. Bailey, S.M. Percy Jackson (Mr Gresson) was charged with having attempted to croas tho Waltham Road railway crossing when the line was not clear. The defendant pleaded not guilty. A largo number of witnesses were examined for the police Their evidence was to tho effect that the bells were ringing, that the train whistled, and that the crossing-keeper was out with his flag. Mr Gresson said' that in view of the evidenco led for the police, ho would not dispute the caso on its merits, although he had witnesses te say that the bells were not ringing and tho crossing-kcepor was not out. However, tire law on the matter was clear. The Court of Appeal had hold that the by-law requiring persons passing over a level crossing to stop and look out for the engine was invalid and ultra vires. The Railway Department had taken the case Homo to the Privy Council, which upheld the decision of the Court of Appeal. The effect of these decisions was to make the Department liable for accidents, in spite of the notice, "Stop, look.out for the engine." Thi3 decision had been given some four years ago, and the Railway Department had made no attempt to alter the by-lav/. Mr Gresson said that it was clearly unreasonable to expect persons in a. busy city to stop at & crossing and look out for the engine Did the Department expect a motorist to stop his car and get out to look up and down the line?. Further, it had been held that in New Zealand a by-law could not bo partlj good and partly bad. Therefore, the fact that the (3ourt of Appeal had held that the part of the by-law requiring a person to stop was unreasonable and ultra vires made the whole by-law invalid. The present prosecution was laid under, that by-law, and should therefore be dismissed. The Magistrate reserved his decision.