48:12-84 - Traveler's right to assume proper operation of safety devices atĀ grade crossing
48:12-84.Ā Traveler's right to assume proper operation of safety devices atĀ grade crossing
Whenever a railroad shall install any safety gates, bell or other device designed to protect the traveling public at any crossing, or has placed at suchĀ crossing a flagman, any person approaching any such crossing, shall, duringĀ such hours as posted notice at the crossing shall specify, be entitled toĀ assume that the safety gates or other warning appliances are in proper orderĀ and will be duly and properly operated, unless a written notice bearing theĀ inscriptionĀ "out of order"Ā be posted in a conspicuous place at the crossing,Ā or that the flagman will guard the crossing with sufficient care whereby theĀ traveler will be warned of any danger in passing over the crossing.
In any action brought for injuries to person or property or for death causedĀ at any crossing protected as aforesaid, no plaintiff shall be barred of theĀ action because of the failure of the person injured or killed to stop, look andĀ listen before passing over the crossing.
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Whenever a railroad shall install any safety gates, bell or other device designed to protect the traveling public at any crossing, or has placed at suchĀ crossing a flagman, any person approaching any such crossing, shall, duringĀ such hours as posted notice at the crossing shall specify, be entitled toĀ assume that the safety gates or other warning appliances are in proper orderĀ and will be duly and properly operated, unless a written notice bearing theĀ inscriptionĀ "out of order"Ā be posted in a conspicuous place at the crossing,Ā or that the flagman will guard the crossing with sufficient care whereby theĀ traveler will be warned of any danger in passing over the crossing.
In any action brought for injuries to person or property or for death causedĀ at any crossing protected as aforesaid, no plaintiff shall be barred of theĀ action because of the failure of the person injured or killed to stop, look andĀ listen before passing over the crossing.
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