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January 1867 - IMPORTANT
TO DRIVERS OF LOCMOTIVES ON THE PUBLIC HIGHWAY
Thomas Robinson
of Billingford, near North Elmham, inn keeper, was charged ...with
committing an offence ...namely that a certain locomotive propelled by
steam, the property of him....at the parish of Swanton Morley, driven
upon a certain highway there near the church without having, while it
was then and there in motion, any person to proceed it on foot by not
less than 60 yards and carrying a red flag constantly
displayed.....three witnesses were examined in support of the
complainants case, from whose joint testimony it was proved that at
about a quarter before five in the afternoon...Mr Loombe's carriage,
with two horses was met by a traction engine belonging to the defendant,
on the public highway just past Swanton church. When the engine was
first seen by Mr Lombe's servant, it was not more than 45 or 50 yards
off, making a great noise, and sparks were flying up the chimney. Up to
that time, no man on foot had passed carrying a red flag. There was a
man in a cart in front of the engine. Mr Lombe's coachman called out as
loud as he could to stop the engine, and a man who was sitting by his
side got down and ran forward to the engine, which had not stopped until
they got there. The coachman backed his horses and had to call out again
for the engine to stop, as it had made another advance. While this was
going on the horses were eventually backed about 80 yards into the
grounds of a gentlemen who lived close by, and were much frightened. Two
ladies were in the carriage. There was no man in advance of the engine
with a red flag displayed, if there had been such a person 60 yards
forward....., the coach man would have seen him soon soon enough to have
turned round without backing his horses.
For the defence..
John Buxton was called and stated that he was in front of the engine in
a cart, more than 60 yard in advance, when the carriage first stopped.
He had never been told to walk. The defendant supplied him with a horse
and cart and a flag. Stood up in the cart, it was dusk. Heard the
coachman and the foot man say to one another “Here comes the engine” Did
not hear them call out Asked them if they could turn round and they said
“no” They got down and one of them ran to stop the engine. The lamps of
the engine were just lighted. Did not attempt to stop the engine. Wanted
to get on. Did nothing more than stop with the horse and cart. Had been
told to carry a flag.
The defendant was fined in the sum of £5 and costs £1 9s or in default
of payment three calendar months imprisonment.
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