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" Had 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 negligence, and so far contributed to... "
The American and English Railroad Cases: A Collection of All Cases ... - Страница 316
1908
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Reports of Cases Determined in the Supreme Court of the State of ..., Том 150

California. Supreme Court - 1908
...supreme court of the United States, as laid down in Railroad Co. v. Houston, 95 US 697, where it ifl said: 'The failure of the engineer to sound the whistle...that instruction 7, as given by the court, contains March, 1907.] HUTSON v. SOUTHERN CALIFORNIA RY. Co. 705 the same error of law as that in the instruction...
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The Southeastern Reporter, Том 69

1911
...favor." In the opinion Mr. Justice Brown says: "She was (under the circumstances) bound to listen and look before attempting to cross the railroad track...train, and not to walk carelessly into a place of possible danger. Had she used her senses, she could not have failed both to hear and see the train...
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The Southeastern Reporter, Том 69

1911
...favor." In the opinion Mr. Justice Brown says: "She was (under the circumstances) bound to listen and look before Attempting to cross the railroad track in order to avoid an approaching train, and sible danger. Had she used her senses, she could not have failed both to hear and see the train which...
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Cases on Torts: With Abstracts of Lectures Upon Several Torts

Charles Albert Keigwin - 1920 - 534 страница
...whistle or ring the bell] was no excuse for negligence on her part. She was bound to listen and to look before attempting to cross the railroad track,...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 to...
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The Federal Reporter, Том 118

1908
...from the necessity of taking ordinary precaution for her safety. Negligence of the company's employes in these particulars was no excuse for negligence...and not to walk carelessly into a place of danger." And it is hard to understand how it was held in the foregoing cases that it was negligence for an employe...
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The Federal Reporter, Том 97

1900
...employe's in these particulars was no excuse for negligence on her part. She was bound to listen and to look, before attempting to cross the railroad track,...approaching train, and not to walk carelessly into the place of possible danger. Had she used her senses, she could not have failed to both hear and to...
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The Federal Reporter: With Key-number Annotations ..., Том 73

1896
...to cross a railway track at a street crossing, that such a person — "Is bound to look and listen before attempting to cross the railroad track, in...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 to...
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The Central Law Journal, Том 6

1878
...employees in these particulars was no excuse for negligence on her part. She was bound to listen and look before attempting to cross the railroad track,...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 see and hear...
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Atlantic Reporter, Том 44

1900
...under the apprehension that a train Is Hable to come at any moment. (5) Davis was bound to listen and look before attempting to cross the railroad track,...order to avoid an approaching train, and not to walk his horses carelessly Into the place of possible danger. Had he used his senses, he could not have...
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The Southeastern Reporter, Том 83

1915
...employés, in these particulars, was no excuse for negligence on her part. She was bound to listen and to look, before attempting to cross the railroad track,...order to avoid an approaching train, and not to walk thoughtlessly or carelessly into a place fraught with danger. If she had used her senses, she could...
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