Evening Republican, Volume 19, Number 222, Rensselaer, Jasper County, 18 September 1915 — Must Watch for Danger. [ARTICLE]

Must Watch for Danger.

The recent decision of the United States circuit court of appeals, Sixth circuit, in Erie Railroad vs. Hurlburt, is in line with other judicial rulings that if a person undoubtedly would have noticed an approaching train or car if he had looked at all intently, he will not be permitted to recover because he says he did not see it The court points out that a traveler who looked for trains as she approached a railroad crossing was chargeable with seeing what there was to be seen by an ordinarily prudent person by the exercise of reasonable care, and if she looked intently and failed to see what was plainly to be seen she was negligent The court said on this point: "It challenges human credulity to be asked to believe that Mrs. Hurlburt looked and listened, as she says that she did, and neither saw nor heard the train that smashed into her buggy and wrought such havoc. There is no evidence that tends to explain why she did not see the oncoming train. Her own testimony explodes every theory upon which to predicate an explanation that would tend to excuse her. Indeed, it is so Improbable that it does not afford a scintilla of evidence upon which to go to the jury."