Chap. 155.—An ACT to amend and re-enact an act entitled “An act to
require every person driving any vehicles on a public highway, on
approaching certain railway grade crossings, to stop before passing
thereover, and to require railway companies to erect and maintain
danger signs at such crossings; and providing penalties therefor,”
approved March 23, 1922. [fH B 121]

Approved March 29, 1923.

1. Be it enacted by the general assembly of Virginia, That
an act entitled “An act to require every person driving any
vehicles on a public highway, on approaching certain railway
grade crossings, to stop before passing thereover, and to re-
quire railway companies to erect and maintain danger signs at
such crossings; and providing penalties therefor,” approved
March twenty-third, nineteen hundred and _ twenty-two, be
amended and re-enacted so as to read as follows:

Section 1. Except in cities and incorporated towns and
villages of one thousand inhabitants or more it shall be the duty
of every person driving any vehicle on a public highway, in ap-
proaching a place where a railway crosses such public highway
at grade, at which crossing no railway gates are maintained or
no flagman is stationed and on duty at the time, to stop before
passing over such crossing, at a distance of not less than ten
feet nor more than one hundred feet, from the nearest rail of
such railway tracks. Provided, that such person shall stop at
such crossing where gates are maintained when such gates are
closed down, or being lowered, and where a flagman is stationed
and on duty at the time, whenever signaled to stop by such flag-
man; provided, that this act shall not apply to any public rail-
way crossing at grade on railway lines on which only purely
local trains are operated.

Section 2. The provisions of this act shall not change or
alter in any manner the existing laws as to the duty or liability
of railway companies for damages to persons or property, and
failure to comply with the provisions of this act on the part of
the driver of the vehicle shall not be considered contributory
negligence in an action against the railway company for damage
te persons or property, whether the same be for injury to the
person or property of the driver or any other person. And it
shall not be necessary to establish the fact that the driver com-
plied with the provisions of this act in order to recover in any
action for damage to persons or property against a railway
company.

Section 3. Except in cities and incorporated towns it shall
be the duty of railway companies to erect and maintain, at every
point where a public highway crosses such railway at grade,
and on which line trains other than purely local trains are
operated, a sign, visible for one hundred feet on each side of its
tracks with the words, “MAIN LINE—DANGER—STOP,” in
letters at least six inches in height.

Section 4. Any driver of any vehicle included in this act
and any other person, firm or corporation violating the pro-
visions of this act shall be fined not exceeding ten dollars for
each offense. Provided, it shall be unlawful for any steam or
electric railroad to erect, or continue in use, any sign worded
MAIN LINE—DANGER-—STODP, except as provided in this act;
and provided further, that no part of this act except the pro-
visions of this section shall apply to electric railways.

2. An emergency existing, this act shall be in force from its
passage.