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[quote user="Mike O"] Well, in this case it is the railroad's fault, since the railroad's employees turned off the safety devices. If the crew was at the scene waiting to see if the gates worked, they should have flagged the crossing. Remember, these guys apparently thought the gates were working when in fact they had turned them off. Pretty negligent. [/quote] Certainly there is negligence on the part of the railroad, but the driver broke the law by not yielding.  How can this not count?  The yield requirement is not suspended just because the signals are inoperable.
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