• 1986 - Duty of Train Employees - Right-of-Way
  • C-3.62
    • Employees
    • Highways And Roadways
    • Motor Vehicles
    • Railroads
    • Right-of-way
    • Tort Liability
  • Employees in control of a railroad train must exercise ordinary care to keep a proper lookout as to the track and intersecting streets and highways to avoid colliding with other persons and vehicles. They shall observe the intersecting streets and highways sufficiently to enable them to learn whether other persons or vehicles are approaching, or are about to approach, or are dangerously close to the track. If other persons or vehicles are in danger of colliding with the train, the train has the right-of-way. The employees in control of the train are not required to anticipate that motor vehicle drivers will fail to exercise ordinary care for their own safety. The employees are justified in assuming that their right-of-way will be respected until it becomes apparent to them, in the exercise of ordinary care, that an emergency requiring preventive action exists. If it appears to the employees that their right-of-way will not be respected and that a collision is imminent, the employees are required to do what an employee of ordinary prudence, charged with like duty, would do under like or similar circumstances to avoid injury to others.
    • 12.1-05-05(2)
    • 12.1-05-12(1)
    • State ex rel. ND Workmen’s Compensation Board v. Great N. Ry. Co., 209 NW 853 (ND 1926)
    • Zeis v. Great N. Ry. Co., 236 NW 916 (ND 1931)
  • Notes: