56-416 - Effect of failure to give statutory signals. - Virginia Statutes

§ 56-416. Effect of failure to give statutory signals.

If the employees in charge of any railroad engine or train fail to give thesignals required by law on approaching a grade crossing of a public highwaynot protected with an automatically operating gate, operating wigwag signalor other operating electrical or operating automatic crossing protectiondevice, the fact that a traveler on such highway failed to exercise due carein approaching such crossing shall not bar recovery for an injury to or deathof such traveler, nor for an injury to or the destruction of property in hischarge, where such injury, death, or destruction results from a collision onsuch crossing between such engine or train and such traveler or the propertyin his charge, respectively; but the failure of the traveler to exercise suchcare may be considered in mitigation of damages.

(Code 1919, § 3959; 1964, c. 621.)