48:12-84 - Traveler's right to assume proper operation of safety devices at  grade crossing

48:12-84.  Traveler's right to assume proper operation of safety devices at  grade crossing
    Whenever a railroad shall install any safety gates, bell or other device designed to protect the traveling public at any crossing, or has placed at such  crossing a flagman, any person approaching any such crossing, shall, during  such hours as posted notice at the crossing shall specify, be entitled to  assume that the safety gates or other warning appliances are in proper order  and will be duly and properly operated, unless a written notice bearing the  inscription  "out of order"  be posted in a conspicuous place at the crossing,  or that the flagman will guard the crossing with sufficient care whereby the  traveler will be warned of any danger in passing over the crossing.

    In any action brought for injuries to person or property or for death caused  at any crossing protected as aforesaid, no plaintiff shall be barred of the  action because of the failure of the person injured or killed to stop, look and  listen before passing over the crossing.