DAMAGES CLAIMED

Southland Times, Issue 20417, 21 February 1928, Page 8

DAMAGES CLAIMED

SEQUEL TO CROSSING ACCIDENT. (Per United Press Association.) Auckland, February 20. A level crossing accident, which occurred on the railway line near the Mount Albert railway station on May 10 was the subject | of a petition of right heard before Mr .Jus- ! tice Blair in the Supreme Court. Petitioner I was Henry Rothery, a contractor of Glendo wie (Mr Finlay), the owner of the steam roller which was run into and damaged by the engine of the Whangarei express on the date in question. Petitioner’s roller was being driven along the road which crossed the railway line near the Mount Albert railway station. The roller came to a stop and was temporarily disabled on the railway line and while there was ran into by the train approaching the station, thrown off the line and damaged. Petitioner alleged negligence on the part of the train crew, claiming that they failed to keep a proper look out, failed to apply the brakes within the proper distance of the roller, failed to notice the warnings to stop, and failed to comply with the signal i to stop from the railway station. In the ' alternative, it was alleged that the brakes I were inefficient or defective. Petitioner claimed a sum of £379. The defence was a denial of the allegations of negligence. The case has not concluded.