RIGHTS AT CROSSING

Taranaki Daily News, 20 December 1932, Page 13

RIGHTS AT CROSSING

j TRAINS AND ROAD TRAFFIC. ? ’ COMMENT BY MAGISTRATE. I I Hamilton, Dec. 17. . A case of interest to motorists was 1 heard before Mr. Wyvern Wilson, S.M., , in the Hamilton Police Court to-day, ' when a Te Kauwhata farmer, A. L. ' Harkness, pleaded not guilty to a charge ’ of passing over the Victoria Street cross- . ing when the railway line was not clear. , J. H. Welch, crossing keeper, said- that ; at midday on August 23 defendant passed ■ over the crossing when a train was apj. proaching, and when he (witness) was ■ exhibiting the “stop” signal. ■' Witness . admitted that he often signalled cars to go after the bells sounded, and when a slow train was some distance away. Defendant said that had not reach the pentre of the’’ crossing when he crossed the line, and that the “stop signal was not then held upright. The magistrate said the case was one of those which was bound to occur at intervals on a busy crossing like the one in Victoria Street. The rights of the public to use the crossing were quite , limited by the Public Works Act. Ac- ' cording to the Act the public were not permitted to use the crossing when a , train., was approaching within half-a-mile ' of the crossing. The position became x conf used ’ when discretion was exercised by the Railway Department in permitting vehicles to cross when trains were within half a mile. The magistrate said he did not think j it should be left to the discretion of the crossing-keeper to determine when vehicles should cross. When trains were 3 within half a mile of the crossing road traffic should be stopped. Then the pub- \ lie would know where they were. Referring to the case before the Court, the magistrate said he was satisfied that , the crossing-keeper did not call out to defendant until the latter was in the act of crossing over the line. The Court , was unable to say on the evidence ' whether the train was within half a mile of the crossing or not. Sometimes the crossing-keeper closed the line when the train was at Grey Street. At other 5 times he did not stop traffic until the train was on the bridge. In this case ' he did not think Welch stopped road j traffic until Hatkness was in the act of s crossing. ' The information was. dismissed.