WHO IS LIABLE ?

Gisborne Times, Volume XXIX, Issue 3328, 21 September 1911, Page 5

WHO IS LIABLE ?

RISKS AT LEVEL CROSSINGS.

GOVERNMENT DISCLAIMS RESPONSIBILITY.

(From Our Parliamentary Reporter.) WELLINGTON, Sept. 20'.

Remarks of general interest were made yesterday afternoon, when a question arising out of an accid'ent at a railway crossing was before the House of Representatives. The Railways Committee reported that it had no recommendation to make as to the petition of Robert. Montgomery, of Otahuhu, who asked for compensation on account of his permanent disablement resulting from an accident at a level crossing. Mr Lang (Manakau) moved that the report be referred back to the committee for further consideration. He urged that something should be done to give effect to the prayer of the petitloThe Hon. J. A. Millar .(Minister of Railways) said the Government was not liable for accidents at railway crossings. Montgomery had! already received £SO from the •Government, although the accident was his own fault. If the Government were made to pay com-pensation-in such cases, they had bettor put through a Bill to compel private employers to maintain any man with his wife and family, who was permanently injured. The same members who aslted for siich tilings would bowl about the expense. Mr Massey said that the crossingkeeper was absent and the engine driver did not sound his whistle. Under such circumstances Montgomery would have had a claim if the railways had; been owned by a private company. The Crown Suits Act should be altered to enable such claims to be made in,the courts. _ : , Mr Hogan (Wanganui) chairman of the Railways Committee, said lie. would not object to the; report being, referred back. He thought there should be a Compassionate Committee to deal with all. such cases, and compensation when paid should come out of a .special fund, instead of the ordinary Departmental funds. The report’ was referred back to the committee.