HORSES ON THE RAILWAY.

Poverty Bay Herald, Volume XXXVIII, Issue 1259, 13 October 1911, Page 3

HORSES ON THE RAILWAY.

As a sequel to the recent accident on the Gisborne railway, Frank Lowndes, carrier; was proceeded against at tne " 3 eistrates' Court to-day, on a charge ol be ng the owner of a horse found trespa :ing on the railway, on .October 6. He pleaded guilty. . Sergt. Hutton said he was instructed not to press for a heavy penalty, as the case had practically been brought as a warning to others. Defendant said his horses were put in an eleven acre paddock in Awapuni road, where they had been placed for the past s-'y months, 'about 8 o'clock that night. ]* V*-' they got out of the paddock he did not ' "mow. They evidently got out and wandeipd along the Awapuni road, and up to fetiT'ley road- As far as he was concerned it was not his fault that the horses got on to the line. One of his horses was killed and another badly injured. A fine of 10s. and costs 7s. was imposed. Ernest Harding, farmer, was charged with a similar, offence. Mr L. T. Burnard appeared for defendant, who pleaded guilty. Sergt. Hutton said his remarks in the previous case applied to this one also. Mr Burnard said there was even more to be said in defendant's favor than in Mr Lowndes' case. Defendant had the right to place his horse in a paddock which did not adjoin the railway line. Mr Lowndes also had a right to place some of his horses there. The right was given, by aMr Hoe, whose brother was employed .by defendant.. Mr Lowndes' right to place horses in the paddock had, counsel understood, expired a couple of days previously, and defendant, thought his horse was to be the last put in that night. He saw the horse put in the paddock at 6 p.m., and the slip rails placed in proper position, and he had no reason to suspect that they would be touched again that night. The horse was fed at 8 o'clock- Mr Lowndes' ' horses were evidently put in at a later hour, and possibly through some carelessness or wilful act by a mischief-maker the rails were let down and the horses got out on to the Awapuni road. If it had not been that the Borough Council's gate in Stanley road had been left open the horses could not have got on to the railway. — Defendant and James Hoe gave evidence in support of Mr Burnard"s statement, adding that the horse in question was a very quiet one, and had never wandered before. A fine , of 10s. and costs 7s. was imposed. His Worship referred to the great danger caused by persons allowing stock to wander on a railway line, which might j bring about serious damage both to life and property. He pointed out that there did not appear to be any negligence on the part of the defendants, but negligence was not necessary in order to com-mit-an offence under the Act. He would like- it to be clearly understood that if any other cases of the kind were^brought before him he would deem it his duty to inflict a substantial penalty.