WI · jury_instructions
Wis JI-Civil 1338
Stop: Nonoperation of Railroad Crossing Signals
A driver who intends to cross a railroad track may not rely on the nonoperation of a
safety device (absence of the usual flagman) as an absolute assurance of safety and may not
proceed without regard to his or her own safety; the driver must still exercise ordinary care
for his or her own protection. However, the presence or absence of warning guards and the
proper functioning or nonfunctioning of guards or signals are circumstances to be considered
in determining whether the driver used ordinary care.
History
Wis JI-Civil 1338 (2008). ©2008, Regents, Univ. of Wis. Prepared by the Wisconsin Civil Jury Instructions Committee of the Wisconsin Judicial Conference with the University of Wisconsin Law School; posted by the Wisconsin State Law Library with the University's permission.
Provenance
- Source
- wilawlibrary.gov
- Retrieved
- 2026-09-24
- Edition
- 2026-09-24
- Content hash
420037f545fa8ec56db7fec9f0ebbb1d2461a4e9bca9a99eade9756bc9ef8b71
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