• 2002 - Duty of Driver to Keep Lookout (Railroad Crossing)
  • C-3.60
    • Motor Vehicles
    • Railroad Crossings
    • Tort Liability
  • A driver about to cross a railroad track at a public crossing is charged with knowledge that the crossing is a dangerous place. The driver may not assume that trains are not approaching from either direction but rather must assume that trains are coming until satisfied by direct evidence to the contrary. To this end, the driver must vigilantly use sight and hearing and do all that ordinary care and prudence would dictate, having in view the surrounding circumstances, to avoid injury, regardless of whether any signal is given by an approaching train. The greater the danger, the greater the care that must be exercised to avoid injury. And when, because of physical infirmities, darkness, snow, fog, inclemency of the weather, buildings, or other obstructions and hindrances, it is more difficult than usual to see or hear, greater precaution must be taken to avoid injury than would otherwise be necessary.
    • 12.1-05-05(1)
    • Ekren v. Minneapolis., St. Paul & S. S. M. Ry. Co., 61 NW2d 193 (ND 1953)
    • Hope v. Great N. Ry. Co., 122 NW 997 (ND 1909)
    • Sherlock v. Minneapolis., St. Paul. & S. S. M. Ry. Co., 138 NW 976 (ND 1912)
    • South v. Nat’l R.R. Passenger Corp., 290 NW2d 819 (ND 1980)
  • Notes: : This instruction should be given only if comparative fault of the driver is asserted or the driver is the Defendant.