Nature of the Case
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Facts
Stewart (P) was a passenger in a truck. The truck was hit by one of Erie R.R. (D)'s trains. D 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 P to avoid the accident. Judgment for P. D appealed, claiming that the court erred in charging the jury that the absence of the watchman, where one had been maintained by D at the highway crossing over a long period of time to the knowledge of P, would constitute negligence as a matter of law.
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