RAILWAY CROSSING ACCIDENT.

Otago Witness, Issue 3102, 27 August 1913, Page 5

RAILWAY CROSSING ACCIDENT.

CLAIM FOR DAMAGES. AUCKLAND, August 13. A collision between a motor car and a railway engine at what was said to be a dangerous level railway crossing on the Helensvillo lino resulted in a claim for £ICOO damages for. alleged negligence being made against the Railway Department at the (Supreme Court to-day. Mr Justice Cooper and a juiy of 12 heard the case. The claimant was Dudley Bruce Hill, a sheep-farmer, of Fernhill, Hawke’s Bay, and the nlaco whore the accident occurred was the Kaukapakapa railway crossing. Mr J. R. Reed, K.C., with him Mr Murdoch, appeared for plaintiff, and Mr J. A. Tole, K.C., with him Mr Selwyn Mays, for the defendant. The accident, said Mr Reed, occurred in January, when the plaintiff and his wife were making a tour of the north by motor car. The plaintiff had never been in the district before, but be had had some 10 years’ experience of motoring, and had rot had an accident in his life before. It was alleged that the accident was due to the Railway Department having neglected to keep the crossing in a proper condition — at the time of the accident the crossing was probably one of the worst in New Zealand. Since the accident, however, the department had remedied the danger by cutting down a large number of the trees which had obscured th'o crossing. For the plaintiff, it was contended that the crossing was so situated, constructed, and maintained as to he peculiarly dangerous to persons using the highway. The department had not taken reasonable or sufficient measures to protect persona using the crossing, and was thus guilty of negligence. The sum of £SOO was claimed as special damages and £SOO as general damages. The defence to the action was that the plaintiff had been negligent, and had contributed to the accident by driving his car recklessly. It was contended that the plaintiff had trespassed on the line, and with a full knowledge that there was a crossing had attempted to drive over it.