CAR ON RAILWAY LINE.

New Zealand Herald, Volume LXV, Issue 19927, 21 April 1928, Page 13

CAR ON RAILWAY LINE.

GUILTY MIND NOT PROVED. SIGNAL NOT UNDERSTOOD. DRIVER'S DEFENCE SUCCEEDS. [BY TELEGRAPH. —OWN CORRESPONDENT.] HAMILTON. Friday. An unusual defence was made to a charge preferred against Frederick Wilson by, the Railway Department, before Messrs. W. F. Mason and \V. R. J. Franklin, J.P.'s, in the Hamilton Magistrate's Court this morning, of attempting to pass over a railway crossing wlijle the line was engaged. Defendant pleaded not guilty. Mr. 11. T. Gillies prosecuted on behalf of the Railway Department, and Mr. A. L. Tompkins appeared for defendant. William Carroll, a railway shunter, said that at 6 p.m. on December 6 he was in charge of a shunting train. Ho had shunted the train across the Norton Road crossing when he saw defendant, who was driving a motor-lorry, approach. The train was running backwards, and as thero appeared to be a risk of a collision occurring witness signalled to the engine driver to stop the train. He also told Wilson to stop. He never signalled to Wilson to come on. Wilson's vehicle was badly damaged by the impact. The defendant said he knew Carroll well, and he regarded the signal he gave as intended for him to proceed over the lino. Mr. Tompkins submitted that thero was no intention on defendant's part to cross the lino when it was engaged, and in tho absence of a guilty mind no offence was committed. The Bench hold that defendant had misunderstood Carroll's signal, and tho information was dismissed.