DAMAGE TO TRAIN

Taranaki Daily News, 14 December 1932, Page 7

DAMAGE TO TRAIN

COLLISION AT CROSSING. QUESTION OF LIABILITY. Rotorua, Dec. 12. A case heard in the Magistrate’s Court to-day was a sequel to a collision that occurred between a motor-car and a train at the Koutu railway crossing, Rotorua, on May 7. The Railway Department sued C. D. Smith, owner of the car involved and employer of the driver, for £25 for damage to two railway carriages as a result of the collision. Tommy Thompson, in evidence, said that some months ago he was in the employed of defendant, who resided at Kawha Point, and one of his duties was to drive his employer’s car. He had an accident at the Koutu crossing, where he collided with the Auckland-Rotorua express about 4 p.m. The car was wrecked. Witness had asked his employer for the use of his car to come into Rotorua and the request- had been sanctioned. While in town he bought some groceries for the house and these he had in the car at the time of the accident. Primarily, he had the car for Iris own use. When he came on to the crossing, said witness, he struck the van of the train, but had the train travelled at the usual pace, instead of slowing down, he would not have struck it. There was loose metal on the road at the time which also prevented him from pulling up more quickly. The stationmaster at Rotorua and the manager of the railway workshops at Otahuhu also gave evidence. Mr. H. O. Gillies, who appeared for the department, submitted th?.t Thompson was in the employ of the defendant at the time of the .accident and was using the car with Smith’s knowledge. The magistrate, Mr. S. L. Paterson, S.M., reserved his decision. (