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1 - 4 of 4 (0.16 seconds)Section 80 in The Code of Civil Procedure, 1908 [Entire Act]
Bengal Provincial Railway Co. vs Gopi Mohan Singh on 9 July, 1913
That was a case where the plaintiff's carriage was damaged by the train of the defendant company running into it at a level crossing where the gate had been left open. The mere fact that at level crossing the gate was left open was held to be an invitation on the part of the railway company to all comers to cross the line and the intimation that it could be crossed with safety. The present case, therefore, is one where the principle applicable to the case of a pedestrian passing is not applicable. A pedestrian may now and then go across even a railway gate at a railway crossing which is closed. But, obviously, a motor vehicle, or for the matter of that, any vehicle cannot pass through a railway level crossing when the gate of the crossing is closed. It is true, no doubt, that in the present instance no gate had been put up as the siding was still under construction, but, in my opinion, when there is a level crossing at which vehicular traffic is passing, and it is near a busy railway station, it is the duty of the railway administration either to fix there a gate or a chain or at least to post a man to warn the drivers of the vehicles of an approaching train. This has been laid down in the following cases as well:
Daya Shankar vs B.B. And C.I. Ry. Co. on 24 April, 1931
Daya Shankar v. B. B. and C. I. Rly. Co., AIR 1931 All 740; B. N. W. Rly.
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