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" Under these circumstances no court ought to say, as a matter of law, that he was guilty of contributory negligence in being where he was at the time of his death. "
The South Western Reporter - Page 422
1920
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Arkansas Reports: Cases Determined in the Supreme Court of the ..., Volume 103

Arkansas. Supreme Court - Law reports, digests, etc - 1913 - 690 pages
...while working there. But, as before stated, that was a question for the jury, and we can not say, as a matter of law, that he was guilty of contributory negligence in continuing to work without covering the hole or demanding of the carrier's agent that that be done....
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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 - Railroad law - 1891 - 774 pages
...ordinarily required of persons who go on or near railroad tracks. Accordingly, it could not be said as a matter of law that he was guilty of contributory negligence in not looking out before leaving the car for the train which struck him. The question was one for the...
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United States Circuit Courts of Appeals Reports: With Key-number Annotations ...

Appellate courts - 1902 - 812 pages
...influence on the conduct of a young man of his age. Under these circumstances, no court ought to say, as a matter of law, that he was guilty of contributory negligence in being where he was at the time of his death. Whether he was thus guilty was, in my opinion, a question...
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Reports of Cases Decided in the Appellate Courts of the State of ..., Volume 75

Illinois. Appellate Court, Edwin Burritt Smith, Martin L. Newell - Law reports, digests, etc - 1898 - 716 pages
...to his place of work, heedlessly ran onto the track in front of a locomotive, and was killed, it was held as a matter of law that he was guilty of contributory negligence." Shearman & Redfield on Negligence, Sec. 49; Nagle v. Alleghany Valley Railroad Co., 88 Pa. St. 35;...
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The American and English Encyclopaedia of Law, Volume 7

David Shephard Garland, James Cockcroft, Lucius Polk McGehee, Charles Porterfield - Law - 1898 - 1208 pages
...to his place of work, heedlessly ran upon the track in front of a locomotive, and was killed, it was held as a matter of law that -he was guilty of contributory negligence. Nagle v. Allegheny Valley R. Co., 88 Pa. St. 35, 32 Am. Rep. 413. And see Dietrich v. Baltimore, etc.,...
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The American and English Railroad Cases: A Collection of All Cases ...

Railroad law - 1898 - 824 pages
...without knowing of the dangers besetting the path which he selected, and we do not think it follows, as a matter of law, that he was guilty of contributory negligence in taking the course he did. The request made of the roundhouse foreman was that he send a man out to...
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Congressional Serial Set

United States - 1902 - 1392 pages
...influence on the conduct of a young man of his age. Under these circumstances no court ought to say, as a matter of law, that he was guilty of contributory negligence in being where he was at the time of his death. Whether he was thus guilty was, in my opinion, a question...
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Bulletin of the Department of Labor, Issue 7, Parts 38-43

Labor - 1902 - 1376 pages
...influence on the conduct of a young man of his age. Under these circumstances no court ought to say, as a matter of law, that he was guilty of contributory negligence in being where he was at the time of his death. Whether he was thus guilty was, in my opinion, a question...
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The Northwestern Reporter, Volume 108

Law reports, digests, etc - 1906 - 1266 pages
...point, and, In the absence of express directions as to the danger of doing so, It cannot be said as a matter of law that he was guilty of contributory negligence in so doing. The case differs somewhat from the case of Truntle v. North Star Woolen-ÄIIll Co., 57 Minn....
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The Montana Digest: A Brief Digest of All the Decisions of the Supreme Court ...

Thomas A. Mapes - Law reports, digests, etc - 1907 - 488 pages
...any switching in the portion of the yard in which such switch stand stood, it could not be said, as a matter of law. that he was guilty of contributory negligence in attempting to mount an engine near the switch. —Id. ">(>. lu an action against a mine owner for injuries...
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