Lawyers' Reports Annotated Bk. 69

Cover Lawyers' Reports Annotated Bk. 69
Lawyers' Reports Annotated Bk. 69
Lawyers Co-Operative Publishing Company
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v.
Smith, 62 Tex. 252.
Likewise, if there is anything disclosed in the conduct or appearance of a person on a railroad track which raises a suspicion that he is deaf, or blind, or helpless, then the ob- ligation on the part of the trainmen to use all necessary and proper care to avoid injuring him by stopping the train, if necessary, im- mediately arises. Cincinnati, H. & D. R. Co.
v. Murphy, 17 Ohio C. C. '223 ; Mobile & O. R.
Co. v. Stroud, 64 Miss. 784, 2 So. 171 ; Omaha & R. Valley R. Co. v
.... Cook, 42 Neb. 577, 60 N.
W. 899.
And where the motorman of a street car sees a boy approaching the track without heed- ing the signals given to warn him of his danger, and that he will probably go upon the track in front of the car, it is his duty to do every- thing in his power, consistent with the safety of those on the car, to avoid Injuring him, although not aware that he is deaf. Galveston City R. Co. v. Hanna (Tex. Civ. App.) 79 S. W.
639.
**Where the appearances Indicate that a per- son upon the track is In such condition as to be either Insensible of his danger or unable to avoid it, those in charge of a train must use all available means, consistent with the safety of those on the train, to stop.


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