GRADE CROSSING. The intersection of a railroad track or right of way with a highway or private road or another railroad. The corre sponding phrase in England is 'level crossing.' It is the duty of a person using the highway or private road at such crossing to exercise due care in looking and listening for approaching trains. What amounts to due care depends large ly upon the facts of each case; such as the dis tance which the traveler can see along the track, the ease with which he can traverse the crossing or retreat from a point of danger, and the sig nals which are given by the road. On the other hand, the railroad is also bound to exercise due care in warning travelers of the approach of its trains, and in attempting to avoid collision with those using the crossing. In the absence of a statute or ordinance requiring gates or guards men at crossings, failure to supply them is not negligence on the part of the company. Acts of
Parliament require all English railroads to main tain gates at level crossings, with proper per sons to open and close them; to slacken speed to four miles an hour at such crossings adjoining a station, and prohibit shunting at such cross ings. It is also their duty to keep level crossings in proper repair and to open gates promptly for travelers. Similar statutes exist in some of our States. Even though a. railroad company fails to do its duty at a grade crossing, it will not be liable in damages to a person whose injury is not solely due to such failure, but is due in part to his own carelessness. He is not entitled to re cover if his own negligence contributed to the accident. See NEGLIGENCE; PASSENGERS; RAIL WAY, and the authorities there cited.