NC · jury_instructions
N.C.P.I.—Motor Vehicle 203.58A
RAILROAD CROSSING-RAILROAD'S DUTY OF CARE-DUTY OF RAILROAD AS TO OBSTRUCTIONS.
A railroad has a duty to use ordinary care to protect travelers from
[injury] [damage] at crossings where the railroad knows or, in the
exercise of ordinary care, should know that a traveler's view of the
crossing from a reasonable distance down the highway is obstructed.1
You may not infer a breach of this duty from the mere existence of an
obstruction. A railroad must, however, use ordinary care to warn
travelers with obstructed views of the approach of a train.2
A violation of this duty is negligence.
History
N.C.P.I.—Motor Vehicle 203.58A (May 1990). Prepared by the North Carolina Conference of Superior Court Judges' Committee on Pattern Jury Instructions, assisted by the UNC School of Government; published by the School of Government.
Provenance
- Source
- sog.unc.edu
- Retrieved
- 2026-09-25
- Edition
- 2026-09-24
- Content hash
ee8fb0ef89532063e7f52278b20abdeaa4ded5a11897aef367bec3d055be3de9
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