TRAIN v. MOTOR CAR

Waipa Post, Volume 51, Issue 3645, 19 July 1935, Page 6

TRAIN v. MOTOR CAR

AFTERMATH OF COLLISION. At the Magistrate’s Court sitting on Thursday morning, a local resident, John H. Fletcher, was prosecuted on behalf of the Railway Department with attempting to cross at the Puniu Road railway crossing . without keeping a proper look-out, as required by the railway regulations. Constable Forsyth said defendant wak returning from a social function at Pokuru at about 2 a.m. on June 19th, in his car, when he collided with a south-bound train at the crossing, the car actually striking the engine. It was a very foggy night; the car (uninsured) was badly damaged, and Fletcher sustained injuries requiring medical attention. The train driver, fireman and guard all agreed that the night was very foggy. In the statements there appeared to be no reference to the engine whistle being sounded. Fletcher, in his statement, corroborated this, and added that he heard no whistle; was not familiar- with the road, and did not know he had reached the crossing, or even had passed it; the fog was intense, when he saw the train coming lie could not tell whether he was clear of the line; until a few minutes before he had thought it was a car approaching, and lie drew to the side of the roadway to allow it to pass.

His Worship remarked that the prosecution seemed to be intended partly to protect the public by making motorists realise their obligations. When defendant saw the light it was his duty to slow down until he saw really what was approaching. He had apparently been punished for his neglect fairly severely, through the damage to himself and his car, and under • the circumstances he \vould- be: merely convicted and ordered to pay costs, IQs.