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" She was bound to listen and to look before attempting to cross the railroad track, in order to avoid an approaching train, and not to walk carelessly into the place of possible danger. Had she used her senses, she could not have failed both to hear and... "
The Federal Reporter - Page 74
1904
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Reports of Cases Decided in the Court of Chancery of the State of ..., Volume 30

New Jersey. Court of Chancery - 1879 - 846 pages
...contributed to his injuries as to deprive him of any right to complain of others. If, using them, he saw the train coming, and yet undertook to cross the track (instead of waiting for the train to pass), and was injured, the consequences of his mistake and temerity cannot be cast upon the company....
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Albany Law Journal, Volume 38

1889 - 546 pages
...hear and see the train which was coming. If she omitted to use them, and walked thoughtlessly upou the track, she was guilty of culpable negligence,...to deprive her of any right to complain of others." Railroad Co. v. Huston, 95 US 697. "A railroad crossing is a place of danger, and common prndence requires...
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Albany Law Journal, Volume 32

1886 - 546 pages
...she used her senses she could not have failed both to hear and to see the train which was coming. If she omitted to use them, and walked thoughtlessly upon the track, she wan guilty of culpable negligence, and so far contributed to her injuries as to deprive her of any...
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Reports of Cases Determined in the Supreme Court of the Territory ..., Volume 22

Utah. Supreme Court, Albert Hagan, John Augustine Marshall, John Maxcy Zane, James A. Williams, Joseph M. Tanner, George L. Nye, John Walcott Thompson, August B. Edler, Alonzo Blair Irvine, Harmel L. Pratt, William S. Dalton, H. Arnold Rich - 1901 - 630 pages
...she used her senses, she could not have failed both to hear and to see the train which was coming. If she omitted to use them, and walked thoughtlessly...to deprive her of any right to complain of others." The appellant having been familiar with the locality of the crossing, and knowing that a train was...
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The N.Y. Weekly Digest of Cases Decided in the U.S. Supreme ..., Volume 5

1878 - 680 pages
...she used her senses she could not have failed both to hear and to see the train which was coming. If she omitted to use them and walked thoughtlessly upon the track she was guilty of culpable :iegligenee, and so far contributed to her injuries as to deprive her of any right to complain of others....
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United States Reports, Supreme Court: Cases Argued and ..., Volume 5; Volume 95

United States. Supreme Court - 1878 - 858 pages
...she used her senses, she could not have failed both to hear and to see the train which was coming. If she omitted to use them, and walked thoughtlessly upon the 'track, she was guilty ot culpable negligence, and so far contributed to her injuries as to deprive her of any right to complain...
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Reports of Cases Decided in the Court of Chancery, the Prerogative ..., Volume 3

John Hoff Stewart - 1879 - 826 pages
...contributed to his injuries as to deprive him of any right to complain of others. If, using them, he saw the train coming, and yet undertook to cross the track (instead of waiting for the train to pass), and was injured, the consequences of his mistake and temerity cannot be cast upon the company....
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The Federal Reporter, Volume 8

1881 - 956 pages
...she used her senses she could not have failed both to hear and to see the train which was coming. If she omitted to use them and walked thoughtlessly upon...cross the track, instead of waiting for the train to pass, and was injured, the consequences of her mistake and temerity cannot be cast upon the defendants."...
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The Federal Reporter: Cases Argued and Determined in the ..., Volumes 97-98

1900 - 2044 pages
...she used her senses, she could not have failed to both hear and to see the train which was coming. If she omitted to use them, and walked thoughtlessly...complain of others. If, using them, she saw the train coining, and yet undertook to cross the track, instead of waiting for the train to pass, and was injured,...
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The American and English Railroad Cases: A Collection of All the Railroad ...

Lawrence Lewis, Adelbert Hamilton, John Houston Merrill, William Mark McKinney, James Manford Kerr, John Crawford Thomson - 1881 - 730 pages
...she used her senses, she could not have failed both to hear and to see the train which was coming. If she omitted to use them, and walked thoughtlessly...to deprive her of any right to complain of others." The case of the Continental Improvement Co. v. Stead, 95 US, Itil, decided by the same court and the...
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