THE ENDS OF JUSTICE.

Gisborne Times, Volume XXX, Issue 3429, 22 January 1912, Page 5

THE ENDS OF JUSTICE.

DRIVER FA!LED TO SEE A TRAIN.

HAD HORSE KILLED AND WAS FINED ss.

[per PRESS ASSOCIATION .0 AUCKLAND, Jan- 21. A judgment of importance to property owners who have access to their lands by means of private railway crossings, was given by Mr. F. V. Frazer, S.M., in the case "Railway Department v. Edward Rylands. The defendant is a carter employed by a man who has a property about three-quarters of a mile to the south of the Helensvillc South railway station, and in order to reach the property it js necessary to cross the railway lino at a .private classing. On 31st October, defendant was driving to the property,, and on approaching the private crossing looked at liis watch and ascertained that the regular 3.30 rp.m. train was not due. Hearing no whistle he deemed it safe to cross the line, and opened the near gate and drove over the line, leaving a leading horse on the line while he went hack, to close the gate. While lie was thus engaged, a ballast train came along, and owing to the configuration of the country tlie engine-driver was unahle to see the horse in time to. prevent a collision with the l animal, which was destroyed. The authorities prosecuted defendant under a section of the regulations which provides that a person must .ascertain that no train is approaching within half a mile before crossing . a line. In giving judgment, the Magistrate said that defendant did not- take reasonable steps to ascertain if there was a train approaching within half a mile, and that his excuse that the engine did not whistle was not a valid excuse, inasmuch as he (the Magistrate) was unable to find any definite authority for the statement that the engine driver should have whistled. The employer had suffered considerable loss through the destruction of a valuable horse, and the ends of justice would be met by a nominal fine of os and defendant being ordered to pay costs amounting to £B. 18s-