Remind the Railways of its legal obligations
Much has been written and spoken about the South Woy Woy level crossing.
Approaches have been made to both the local council at State Government without results.
I wonder therefore whether anyone thought to consult the Railways.
Back in 1959, we acted for Patricia Vera McDermott, who had both her feet amputated after she fell on the crossing at Koolewong and was hit by a passing train.
After numerous court cases and appeals, the matter was finally resolved by the Privy Council in London.
The court decided the Railways owed a general duty of care to those people who lawfully used the crossing.
Moreover, the Railways had an obligation to ensure the safety of those people.
Our client was awarded substantial damages.
The Railways was ordered to pay all legal fees.
In the circumstances, it might be useful to remind the Railways of its legal obligations.
SOURCE:
Letter, 16 May 2024
Fred Landman, Daleys Point