SIGNALS NOT OBEYED

New Zealand Herald, Volume LXXII, Issue 22145, 26 June 1935, Page 12

SIGNALS NOT OBEYED

INCIDENT AT CROSSING A charge of failing to obey signals at a railway crossing at Westiield when a train was about to pass over the Great South Road was brought against a motor-lorry driver, John Wright, in the Ott'.huhu Magistrate's Court yesterday. A shunter, Alfred E. Muller, said ho was at the crossing about 8 a.m. on March 20 and saw defendant's truck appear on the overhead bridge. Witness signalled by flag and whistle for him to stop. The automatic flash signals also were operating indicating that a train was entering tho crossing. Defendant continued on his way and witness had to give an emergency stop signal to tho engine-driver. The truck passed over the crossing, missing tho engine by about Ift. Defendant said ho endeavoured to comply with the signals, but his brakes failed at that moment. Ho had only had the truck two weeks and was unaware of any defect in the brakes That same afternoon he had the brakes repaired. " You put a heavy burden on inc in asking me to believe that the brakes failed at the psychological moment; that explanation is much akin to a punctured tyre after an accident," said Mr. F. 11. Levien, S.M. Defendant was fined £1 and 10s costs, and allowed one month in which to pay.