MOBLEY, Justice.
1. We deal first with the question of the right of the railroad company to invoke, as negligence per se, the violation by the taxicab driver while carrying a fare-paying passenger of the duty prescribed by Code Ann. § 68-1663, the pertinent portion of which reads as follows: "(a) The driver of any motor vehicle carrying passengers for hire ... before crossing at grade any track or tracks of a railroad, shall stop such vehicle within 50...
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