MOTORIST CHARGED.

New Zealand Herald, Volume LIV, Issue 16499, 27 March 1917, Page 7

MOTORIST CHARGED.

E CROSSING BY-LAW. aEASONABLE CAKE CLAIMED % chabge of motoring across a level crossing nrhen a train was, within half-a-roile was made against Reuben [ A. Dexter (Mr, ' A E. Skelton) .' iii \the' Police : Court before 'Air. E. 0. ltten, S.M., yesterday. / " Evidence was given that as '.a train approached tho King Street crossing the driver .whistled several times.// -When \ ' about 60yds away.he saw a motor-car i ap- , proach. The brakes •of ■ the engine 'were applied, 'and.tho motoristi/'was^seen'Vto ,:" swerve away. When tho train came to a standstill the motor-car was ;2ft'awayC/ -,'■ /. '■'- l„ Counsel said the case was one of great -.-I ■ importance to motorists. Since the previous "' batch of prosecutions, conditions 2 had . altered, as certain precautions had ; t been ..- .-adopted to safeguard the public at: level crossings. Ho said the law made it, an ' ■ fffenco to cross or attempt to cross a level crossing when .an engine was approaching. - • He submitted that the prosecution had not , shown (hat defendant had attempted ■>' to cross. In fact, the engine-driver had _ stated that defendant took"all/ steps -to , avoid crossing by, as soon as .'he' saw the : ' - ■ engine, putting on his brakes" and swerv- ' , ing away, Counsel urged'that'defendant : '; 4 would he crossing or attempting to cross when the greater part of his car was on' .-;-';■> the line.

V,-. Senior-Sergeant Rutledge remarked that ;,' i all the railway property was part of the : ~-y... crossing. _ 'v;? •. h ., ■.; ; ;-/..;"'/':-:':;' :■■, .; } • Continuing, counsel said - the : warning;J' 'bell at the crossing was intended to.give ■ : " warning of the approach of an engine, vl'.j*. and if the bell did not ring, as defendant '•;. would say was the case, then it was clearly m&l* statement by the Department •' that no PR engine was approaching. Counsel, also .| ■ drew attention to a stack" of timber obscurJk : "ing the approach of engines at. the cross- % inp. ':" ■ i: ' ■. • ;;.' fl ' Mr. Cntton said it was well known that H Kin? Street was a dangerous crossing, ,and K* ha» w* ". the subject of riders to coroners' Ws, firai'jgs. /.,'•, . ■' '~.■■'■■■:':; £ijffi t P Reuben A. Dexter said that when about I ■♦- . paces from' the track he saw the engine me from behind the timber.. T .He applied. ,<j brakes and . swerved l . away, : and .stopped about 3ft or 4ft from the: train. f. He heard no warning bell or whistle. X', , r , j %f':. Decision was reserved. , \ .-■:.-:•.'"r;;'/