A Treatise On the Law of Railroads

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E. Co., 30 Pa.
St. 454 ; Phil. & E. E. Co. Long, 75 Pa. St. 257 ; Penn. E. Co. v. Lewis, 79 Pa.
St. 33 ; Pacific E. Co. v. Houts, 12 Kan.
328; Kansas Pacific E. Co. v. Ward, 4 Col. 30.
356 THE LAW OF BAILBOADS.
been much considered with reference to its passengers ; ^ but it is a duty which extends also to other persons rightfully using or crossing its track.^ Thus, it should use the brakes which are found to be the most efficient for stopping trains.* Whether a headlight or light at other part
...s of the train should be used is a question of reasonable care, to be determined by the facts of the case.* The company is not under an obligation to trespassers to use the appliances most efficient for safety.* Negli- gence cannot be imputed to the company, from the fact that a train is behind time.^ Acts and Omissions of the Company ^vhich are deemed Negligence.
— Certain definite acts are deemed negligence in a company in crossing highways, to wit : making of a " running " or " fly- ing " switch, unless special precautions are used for notifying travellers ; ^ starting or moving back a train,* or pushing it back by a locomotive in a reversed position,® without further notice than if the movement were forward ; the running of a train without a sufficient number of brakemen,^" or without an experienced engineer in a much frequented place ; ^' sending a car around a curve or down grade without a brakeman, at a place where the company allowed the public to pass ; ^ and sending a car at night across a frequented street without a brakeman or a light.13 1 Caldwell v.


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