Bird v Hammond and Others - [1959] NZLR 1349

Railways — Government railways — Negligence — Collision with Railcar at Level-crossing — Allegations against Railways Department of Failure to provide Warning Device at Level-Crossing and of Failure to Direct Locomotive-drivers to Slow down when Approaching Level-Crossing, and of Negligence in constructing a Level-Crossing, all barred by Statute — Allegations against Locomotive-driver of Driving at Excessive Speed and of Failure to Slow down and stop in Particular Circumstances, not so barred — Allegation of Negligence against Railways Department of Failure to keep Level-Crossing free of Obstruction to Reasonable View of Approaching Rail Traffic by Road-Users, Question of Fact dependent on Evidence at Trial — Government Railways Act 1949, ss. 63, 64, 65.