A railroad's installation of minimal warning devices--such as nonelectronic crossbucks
signs--can create a shroud of immunity, O'Dwyer said.
25 Crossbucks Union City Watson Street 35 50 35 50 050377M 16.
48 Crossbucks Palmetto Vine Street 25 50 25 50 050405N 25.
Usually, these are stop signs and crossbucks
(X-shaped signs), and this means vehicle operators must be especially careful.
at a public grade crossing, protected by crossbucks
and advance warning signs, on a rural gravel road just south of Lodge Grass, Mont.
Norfolk Southern argued that the Federal Railroad Safety Act of 1970 preempted Shanklin's suit in state court because the crossbucks were installed with federal funds.
The negligence action alleged that Norfolk Southern should have installed automatic gates and lights at the railroad crossing where Shanklin's husband died because the crossbucks sign was covered by overgrown trees and vegetation.
In this case, federal program funding was used to install crossbucks as a minimum safety device at a Tennessee grade crossing.
Goldstein argued that since the government did not determine whether crossbucks would be adequate protection, federal funding alone would not preempt the railroad's state law duty to provide adequate warning devices.
Tennessee used federal funds to install the crossbuck but did not have a federal official evaluate whether the sign was adequate for the crossing.
Signals--to discuss the adequacy of warning devices, such as gates, lights, bells, crossbucks, advance pavement warnings, and the placement and operation of signals as well as data recorder information.
Just before trial, the railroad's attorney files a summary judgment motion, claiming federal preemption because federal funds were used to install crossbucks, reflective tape, and anything else the defense can identify at the crossing.