Accidents at railroad crossings were fairly common in the early days of railroading, and the results were often gruesome. When survivors brought lawsuits, courts frequently ruled in favor of the railroads.
In 1912, a North Dakota court ruled that, “Drivers of vehicles crossing railroad tracks are charged with knowing that such a crossing is dangerous.” In another case, brought by a man whose horses were killed while he was driving his wagon across the tracks, a North Dakota court ruled that “failure to give the statutory signals and running the train at too rapid a rate of speed” did not absolve the driver of negligence.
Railroads began protecting their busiest crossings by assigning guards who waved flags or lanterns to warn travelers of an approaching train. This method was used as late as the 1930s. Eventually, some crossings were protected by hand-operated gates that blocked traffic from crossing the tracks. These gates were later automated and augmented with red flashing lights and a bell that sounded the alarm. The X-shaped crossbuck sign is still used at railroad crossings and has become a widely recognized caution sign.
Crossing safety was not a favorite topic of conversation for railroad executives. They wanted to place responsibility on the public while avoiding the expense of installing safety equipment. A 1923 federal report prompted the North Dakota Railroad Commission to take a closer look at possible solutions to reduce crossing accidents. The commission placed much of the blame on drivers who failed to approach crossings safely, just as the railroads did.
In 1924, a Northern Pacific official told a public meeting, “People exercise more nerve than judgment when driving their vehicles.” He said that was the cause of many accidents.
Concern over crossing safety remained an ongoing issue for local officials. The Rail Board met to address the problem in 1925 and again placed responsibility for accidents on motorists who were careless when crossing railroad tracks. On this date in 1926, the Bismarck Tribune reported that a hearing on crossing safety, already postponed twice, was postponed yet again by the Railroad Board. Hearings were also postponed several times in 1929 and again in 1930.
Although railroads made slow progress in improving crossing safety, primary responsibility continued to rest on North Dakota drivers.
Dakota Datebook written by Dr. Carole Butcher
Sources:
- Bismarck Tribune. “Crossing Hearing Set for March 5. Bismarck ND. 1/21/1926. Page 2.
- Bismarck Tribune. “9,000 Killed in Five Years at Crossings.” Bismarck ND. 2/13/1923. Page 2.
- Evening Times. “Must Use Care at Crossings.” Grand Forks ND.11/23/12. Page 2.
- Bismarck Daily Tribune. “Supreme Court Decision in Moody Case.” Bismarck ND. 6/15/1904. Page 1.
- Bismarck Tribune. “Caution Only Foe of Death.” Bismarck ND. 5/14/1924. Page 2.
- Bismark Tribune. “Revision of Railroad Crossing Rules Urged by Rail Board Chairman.” Bismarck ND. 10/16/1925. Page 1.
- The Henry Ford. “Railroad Crossings.” https://www.thehenryford.org/collections-and-research/digital-collections/expert-sets/101644/Accessed 12/30/2025.
