Sec. 489(5). Vehicles must slow down at certain steam
railway grade crossings.
(a) It shall be the duty of every person driving any vehicle
on a public highway, on approaching a place where a railway
crosses such public highway at grade, at which crossing no railway
gates are maintained or no flagman is stationed and on duty
at the time, to bring his vehicle to a speed not exceeding five
miles per hour before passing over such crossing, at a distance
of not less than thirty feet, from the nearest rail of such railway
tracks. Provided, that such person shall stop at such crossing
where gates are maintained when such gates are closed down, or
being lowered, and where a flagman is stationed and on duty at
the time, whenever, signaled to stop by such flagman.
(b) The provisions of this subsection shall not change or alter
in any manner the existing laws as to the duty or liability of
railway companies for damages to persons or property, and failure
to comply with the provisions of this subsection on the part
of the driver of the vehicle shall not be considered contributory
negligence in an action against the railway company for damage
to persons or property, whether the same be injury to the person
or property of the driver or any other person. And it shall
not be necessary to establish the fact that the driver complied
with the provisions of this section in order to recover any action
for damages to persons or property against a railway company.
