TREDGOLD NO v NATIONAL RAILWAYS OF ZIMBABWE 2004 (2) ZLR 28 (H)

Flynote

Railways — negligence — public road crossing railway line — rights and duties of public and train driver — precedence given to train — speed at which train should approach crossing

Headnote

A young woman, who was represented by the plaintiff, her curator bonis, was seriously injured when her car was struck by a railway train. Due to traffic congestion, the car had stopped part of the way across the railway line. The driver of the train applied brakes but was unable to stop the train in time. The crossing was not protected by booms but there were various warning signs. The defendant applied for absolution from the instance. It is the duty of the traveller to look out for and wait for the train. At the same time, the train ought to give due warning of its approach when it is nearing a level crossing of this nature, so that persons might stop and allow the train to pass. The train should not to be travelling at such an excessive rate of speed that the warning it might give should be of no avail, but it is not expected to approach a level crossing at a speed which enables it to pull up short of the crossing. As no negligence had been established, absolution would be granted.