( 1 ) THIS is one of those cases which from time to time raise the question of the responsibility of railway authorities for accidents at level crossings.

( 2 ) ON September 23, 1961 at about 1. 30 a. m. in the night a driver of the plaintiff company was driving a mercedes motortruck. That night he and his friend had been to a circus show at Meerut. They were returning to Delhi in their respective trucks. They were proceedings on the main Meerut Delhi road. It is a busy road with much vehicular traffic. On this road between Meerut city and Kharkhoda railway station there is a manned public level crossing. This level crossing has iron gates on both side of the road. There is a cabin and lodging tor the gateman. The practice of the railway was to close the gates when a train was crossing. A red light signal was also provided to warn the approaching public and vehicles to wait till the train passed.

( 3 ) WHEN the plaintiff s driver reached the railway crossing he found the gates open. There was no danger signal to warn the public of the danger of any approaching train. In fact the friend s truck which was ahead of the plaintiff s truck had safely crossed the line. H