A Treatise On the Law of Railroads, Containing a Consideration of the Organization, Status And Powers of Railroad Corporations, And of the Rights And Liabilities Incident to the Location, Construction And Operation of Railroads; Together With Their Duties

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R. Co. 83 89 S. W. 1116; Cotton v. New York Wis. 547; 53 N. W. 842. See, also, &c. R. Co. 20 N. Y. 347. In the case post, § 1154.
last cited a horse's hoof became 303 CAKE AT "traveled PLACES/' ETC. [§ 1151a' has driven through the subway and is traveling upon a road par- allel with the track, although he is but fifty feet from the crossing; and that this is true although the place where the plaintiffs horse was frightened was one of peculiar dangers, because the road was there confined in a na
...rrow lane by a barbed wire fence paralleling the railroad^" The court distinguished another case,^" decided in the same jurisdiction, in which it was held that under certain cir- cumstances it might be a question for the jury to determine whether the company was negligent in not giving a signal near a crossing, even though it was a private crossing. It has been held that a rail- road company which builds and undertakes to keep in repair a bridge over an approach to a private crossing thereby extends such an invitation to the public to use the same as will render it liable for injuries from defects negligently permitted to exist or remain in the bridge or approach, even though it is not affirmatively shown that such crossing is one that the -company is bound by statute to keep in safe order and condition.^^ It has also been said that there is no distinction between public and private crossings in the appli- cation of the principle of contributory negligence, and in a general sense, at least, this is true.

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