asked the Minister for Industry and Commerce if he is aware that there has been no gate-keeper of the railway crossing on the public road from Birdhill (Co. Tipperary) to O'Brien's Bridge, for some months past; that this has resulted in great inconvenience, and even danger, to the large numbers of drivers of vehicles using this road; and whether he proposes to make representations to the railway company in the matter.
CEISTEANNA—QUESTIONS. ORAL ANSWERS. - BIRDHILL RAILWAY CROSSING (TIPPERARY).
Mr. T. SHEEHY
I have already made representations on this matter to the railway company, which contends that it is under no obligation to provide a gate-keeper at this crossing. The obligations of the company in regard to level crossing depend on statute and, in case of a dispute, are for a court to define. I have no authority to do so.
Am I to understand from the Minister that railway companies are free to leave all their crossing gates unattended and thereby put the public who use the roads to very considerable risk?
Any man who is under a legal obligation to do anything is free to neglect his obligation, subject to a court action being taken to enforce the obligation.
Who is bound to take action against the company if they have any legal action?
The people who feel that they are aggrieved.