The signals on a railroad crossing are defective. Although the railroad company was notified of the problem a month earlier, the railroad inspector has failed to come by and repair them. Seeing the all-clear signal, a car drives up and stalls on the tracks as a train rounds the bend. For the past two weeks the car had been stalling, and the driver kept putting off taking the car to the shop for a tune-up. As the train rounds the bend, the engineer is distracted by a conductor and does not see the car until it is too late to stop.

1- Who is negligent?

2- Who must bear the liability for the damage to the car and to the train?

Remember to identify the area of law. (example Criminal law-assault). Make sure to discuss the law and how it applies to the case.Not what youfeel it should be but what the law states and how the facts of the case supports what the law states. Citing cases, if you cite a case-then what part of that case is applicable-similarity in the incident, findings are similar, the decision of the judge from the other case can be applied to this case.