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 741904Full view - About this book
| 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.... | |
| 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... | |
| 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... | |
| 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... | |
| 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.... | |
| 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... | |
| 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.... | |
| 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."... | |
| 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,... | |
| 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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