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Torts Keyed to Epstein
Erie R.R. v. Stewart
Facts
Plaintiff was a passenger in a truck, when he was hit by one of Defendant’s trains. Defendant had a watchman at the intersection where the accident occurred. However, this watchman was either within his shanty or just outside of it when the accident occurred. Therefore, he was not able to give warning to Plaintiff to avoid the accident. Judgment for granted to Plaintiff. Defendant appealed, claiming that the court erred in charging the jury that the absence of the watchman, where one had been maintained by Defendant at the highway crossing over a long period of time to the knowledge of Plaintiff, would constitute negligence as a matter of law.
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