LEVEL CROSSINGS

Marlborough Express, Volume XLVIII, Issue 158, 8 July 1914, Page 2

LEVEL CROSSINGS

INCONSISTENT REGULATIONS

JUDICIAL OBSERVATIONS

' 'How can a man see a train approaching half si miie away if the view of it .is obstructed from a crossing?" asked Mr Justice Cooper in the Appeal Court on Wednesday, during argument in the Max-ton Case, Broad v. the Crown. Mr Justice Cooper was referring (remarks the Post) to certain legal precautions laid down as necessary to be observed by persons crossing the railway line. • Mr Justice Edwards observed, that in 99 cases' out of 100 m New Zealand the views at level crossings were obstructed. "The crossings," he said, "seem to have been constructed at curves and corners.'' The Marton crossing was a paa-ticularly bad one. Mr Justice Derinistcn said the precautions would amply preserve life if duly carried out; that is, if each person riding a motor-cycle, or anything else, dismounted, and had a look along the line to see if a train was approaching. He did not say this was reasonable, but if a person chose to take every precaution, though under the law. it may not be his duty to do so, this precaution would ensure his safety. Mr Justice Edwards: -If this were done by all persons Avhere crossings are in the main streets^ of a town, as at Palmerston Norih and Marton, traffic would be repeatedly stopped and disorganised. Mr Justice Denniston: What 1 mean- is that if the maximum amount of care be taken to avoid being killed, no man need be killed-. Sir Robert ■ Stout: It came about after this accident at Palmerston and other places Avhere the'line traverses the town that speed was reduced to 10 miles an hour. . •• j The Solicitor-General: It might be restfeon.able to reduce speed in a'stown, but if it had to be.done at all cross-1 ings, it would disorganise railway traffic. '. ! His Honor: You could not carry it out. '~ T , • A few minutes later Mr Justice Edwards, who himself rides a motorcycle said that sometimes it seemed tjhat the safest way to get over some railway crossings was to go as fast as you could (Laughter.) The section of the Act referred to by their Honors and the SolicitorGeneral lays down that all right or access to a railway crossing shall cease when a. railway engine ok carriage is. approa ving to within a distance or half a mile. t * Another section ot the law directs that a person shall stop and look to see if a train is within half a mile.