STOP-LOOK OUT!

Stratford Evening Post, Volume XXXIX, Issue 95, 27 August 1923, Page 5

STOP-LOOK OUT!

REGAN STREET CROSSING.

A SATURDAY INCIDENT. At the Magistrate's Court, Stratford, this morning, before Mr A. M. Mowlem, S.M., E. Hartwig was charged, on July 21st (a) with having driven a motor car at a rate dangerous to the publiv, and (b) with having attempted to cross the Regan Street railway crossing without reducing; speed and without making sure the line was clear.

Mr Coleman appeared for defendant.

John W. Hannon, railway porter, gave evidence that on Judy 21st an engine and four waggons were coming from the main line to the yard over Regan Street. He was standing by the signal box and saw a car coming from Toko at an excessive speed. The man in the signal-box had hi s head out of the window of the signal-box and was trying to attract the notice of the driver of the car. Witness thought tho car was travelling at 35 to 40 miles an hour. Witness went into the middle of the road and waved his arms. The train wa s approaching from the north, and witness signalled the driver to stop. When tho can was pulled up it was only four feet from tho nearest truck and one wheel of the car was over the first railway line. Witness told defendant that he was taking a big risk, but be said nothing. The car skidded 35 feet before it was pulled up.

To l\lr Coleman; When witness first saw the car it was near the English Church. To the Bench : The crossing bells Were ringing at the time. William J. Aubrey, who was in the signal box, at the time, said that he saw the car by Evans', and it seemed to be coming at an excessive speed. From the box one could see half a mile down Regan Street. It was a Saturday, and passenger traffic was fairly brisk, though witness cotrfd not remember that there was, much wheel traffic. Witness tried to give a signal to the car driver, but the curtains were down, and the driver could not see any signal—he could not have .seen a wig-wag if there had been one.

Mr Coleman: Are the bells good? Witness: Yes. You can hear them a quarter of a mile away. Mr Coleman; But the Department has decided to instal wig-wags.

Witness: Yes, because of complaint by'the Borough Council. I>aniel P. Bennett, driver of the railway engine, said that coming on the loop from the main line the engine had to go round a curve, and this caused the driver of a train to lose sight of the signal-box. Witness saw the car through a gap in the buildings on the north side. The car flashed past the gap and witness said: "This chap doesn't want to stop so I had better." Witness thereupon put on the brakes. Constable Shields gave evidence that he was called upon by Aubrey to measure the skid-marks made' by the car. The mark was twelve paces long! The tar was burnt by the friction of the wheels.

This closed the case for the prosecution.

Defendant, who is manager of the Stratford Demonstration Farm, gave evidence that on entering the Borough he reduced his speed to 15 miles per hour. At the English Church witness and his wife had a look into tho railway yard for any moving trams and only saw the Toko engine at the south end. Then he reduced speed to eight miles an hour. On coming to Knewstubb's shop he saw the trucks, and pulled up the car four feet away from the line. Witness saw the trucks as soon as it Avas possible, his view being obstructed by buildings. Witness did not see the man m the signal-box. He saw tho porter on the footpath, but did not see him make any signal. Coming to the railway line witness would be going at 10 to 11 miles an hour. He did not hear the bells until the car was stopped.

Mr Coleman; You have heard witnesses say you were coming at 35 to 40 miles an hour. What have you to say to that? Witness : Nonsense r

Annie Hartwfg, wife of defendant, said sho was in the back seat of the car with Mrs Olsen. Sho said it was a general habit to look lor trains when passing the English Church. Ralph JR. Knewstubb, '.* electrical engineer, gave evidence that at the time he was working in the alleyway on the east side of his shop. He heard a noise, looked up and saw the man in the signal-box waving his arms. The car was at the Juliet Street corner and was going 15 to 20 miles an hour. Opposite witness' shop defendant put his brakes on and tho car was pulled up allowing ample room, for a, train to pass. A table in witness' possession showed that a car travelling at 20 mile s per hour would take 38 feet to pull up. That was presuming the road was good and the brakes were efficient. The first information was dismissed, the S.MI. holding that the evidence did not disclose any danger to the public. The only person in danger seemed to be defendant. On tho, other information, however, said Mr Mowlem, the defendant must be convicted, and he would be lined £3 •iiul costs 13s. In summing up, Mr Mowlem snid tint in railway cases it was not ns-

cessarily a question, merely of risk to tho person who might be run into by an engine. An engine driver was a man in connection with whome the lives of people were trusted hourly and daily. He should not be subjected to anything liable to" disturb his nerves, and he was just an ordinary pea'son who was as liable as anybody else to be upset by the risk of an accident. That phase of the matter entered into all railway prosecutious, and he (the S.M.) thought that engine drivers had a right to ask the public not to do things which were liable to disturb their nerves. Mr Mowlem said he had no recollection, of the phase having been previously drawn attention to, but 'it had always appealed to him. >■ ■•'"•■