CROSSING FATALITY

New Zealand Herald, Volume LXXII, Issue 22108, 14 May 1935, Page 13

CROSSING FATALITY

AUCKLAND MAN'S DEATH trial of car driver evidence for prosecution The trial of Walter Harry Rowe, a ged 29, carpenter, on a charge of negligent driving, thereby causing death, 'was commenced before Mr. Justice Fair and a jury in the Supremo Court yesterday. Accused -was the driver of a motor-car, which collided with the Waiuku-Paernta train at the PukekohePaerata Roacl crossing on February 15. One of tho three passengers in the car, Mr.. Ernest Henry Cleave, of Auckland, was fatally injured. The Crown Prosecutor, Jlr. Meredith, conducted the prosecution, Mr. Goldutine appearing for accused. Mr. Meredith said that as a rule in the country, the chance of a train being at a crossing when a car was about to pass was so slight that a practice had grown up of motorists risking it, instead of taking precautions. In this case there was :no necessity for an accident to have occurred had a view of the crossing been, obtained. The approach to tho crossing was clear. Tho accident was an unfortunate one, and although sympathy would be felt for accused, it did not concern the case and should not be allowed to deflect the judgment of tho jury. James Benedict McAllister, aged 11, said he was close to the crossing when a motor-car came from behind and passed him. He heard tlie whistle of an engine, although he did not see the train until afterwards. He saw the car collide with the engine on the crossing and come to rest upside down on the right-hand eide of the road near the cattle-stops. It was raining heavily at the time. John Hogan, farmer, of Paerata, said he was working on his property about six or seven chains from the crossing at the time of the accident. He heard two short blasts on the whistle just as the engjne was on the crossing. To Mr. Golclstine, witness said the whistle and tho crash were practically simultaneous. The train was coming down the hill silently at a good speed. It was raining: and blowing hard;. A house and somei pine trees hid the view of the line within a chain or a chain and a-half of the crossing. It was a very dangerous one to any person unaccustomed to it. He had seen Home narrow escapes there. The crossing sign on the side oi: the road was fairly dilapidated. » Douglas David Horton, engine-driver, said he gave two long blasts on the whistle as he approached the crossing. His speed was 25 miles an hour. At this stage His Honor said it would be more satisfactory if the jury viewed the scene of the accident before members heard further evidence. The case .will be resumed to-day.