CHAPTER 621

An Act to amend and reenact § 56-416 of the Code of Virginia, relating
to failure by railroad to give signals at a grade crossing not pro-
tected by operating automatic signal devices and failure of traveler
to exercise due care and right to recover for personal injuries or
damages to property, regardless of care exercised and how such
failure may be considered in mitigation of damages. rH 799)

Approved March 31, 1964

Be it enacted by the General Assembly of Virginia:

i That 8 56-416 of the Code of Virginia be amended and reenacted as
ollows:

§ 56-416. If the employees in charge of any railroad engine or train
fail to give the signals required by law on approaching a grade crossing
of a public highway not protected with an automatically operating gate,
operating wigwag signal or other operating electrical or operating auto-
matic crossing protection device, the fact that a traveler on such highway
failed to exercise due care in approaching such crossing shall not bar
recovery for an injury to or death of such traveler, nor for an injury to
or the destruction of property in his charge, where such injury, death, or
destruction results from a collision on such crossing between such engine
or train and such traveler or the property in his charge, respectively ; but
the failure of the traveler to exercise such care, may be considered in
mitigation of damages.