If a person is injured in his person or property by collision with the engine or any car of a railroad corporation at a crossing and it appears that the corporation neglected to give the signals required by the General Railroad Law and that such neglect contributed to the injury, the corporation shall be liable for all damages caused by the collision or to a fine recoverable by indictment, unless it is shown that in addition to a mere want of ordinary care the person injured or the person having charge of his person or property was at the time of the collision guilty of gross or wilful negligence or was acting in violation of the law and that such gross or wilful negligence or unlawful act contributed to the injury.
HISTORY: 1962 Code Section 58-1004; 1952 Code Section 58-1004; 1942 Code Section 8377; 1932 Code Section 8377; Civ. C. '22 Section 4925; Civ. C. '12 Section 3230; Civ. C. '02 Section 2139; G. S. 1529; R. S. 1692; 1881 (17) 824; 1919 (31) 102.
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