The respondent was seriously injured when his motorcycle struck a freight train at a rural railway crossing at night.
The crossing had only a passive warning system.
The trial judge found the appellant railway company 75% negligent for failing to conduct nighttime inspections and failing to implement additional safety measures, and the respondent 25% contributorily negligent due to excessive speed and impairment.
The Court of Appeal dismissed the railway company's appeal, upholding the trial judge's findings on standard of care, causation, and contributory negligence.
