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" As against positive, affirmative evidence by credible witnesses to the ringing of a bell or the sounding of a whistle, there must be something more than the testimony of one or more that they did not hear it, to authorize the submission of the question... "
The N.Y. Weekly Digest of Cases Decided in the U.S. Supreme, Circuit, and ... - Page 228
1882
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Michigan Reports: Cases Decided in the Supreme Court of Michigan, Volume 119

Michigan. Supreme Court, Randolph Manning, George C. Gibbs, Thomas McIntyre Cooley, Elijah W. Meddaugh, William Jennison, Hovey K. Clarke, Hoyt Post, Henry Allen Chaney, William Dudley Fuller, John Adams Brooks, Marquis B. Eaton, Herschel Bouton Lazell, James M. Reasoner, Richard W. Cooper - 1900 - 840 pages
...* * As against positive, affirmative evidence by credible witnesses to the ringing of a bell or the sounding of a whistle, there must be something more...authorize the submission of the question to the jury." Counsel for defendant asked the court to charge the jury that, under the undisputed evidence, they...
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The Albany Law Journal: A Monthly Record of the Law and the Lawyers, Volume 25

1882 - 624 pages
...it was rung or not. Held, that there was no question of negligence for the jury. As against positivo affirmative evidence by credible witnesses to the...authorize the submission of the question to the jury; and it must appear that they were looking, watching and listening for It, and that their attention...
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Reports of Cases Heard and Determined in the Supreme ..., Volume 68; Volume 75

Marcus Tullius Hun - 1893 - 724 pages
...negligence. "As against positive affirmative evidence of credible witnesses of the ringing of a bell or the sounding of a whistle, there must be something more...testimony of one or more that they did not hear it. It must appear that their attention was directed to the fact at the time." (Culhane v. NYC & HRER Co.,...
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Reports of Cases Decided by the English Courts: With Notes and ..., Volume 24

Nathaniel Cleveland Moak - 1880 - 914 pages
...as against the positive testimony of credible witnesses, that the bell was rung or whistle sounded, there must be something more than the testimony of one or more that they did not hear it. It must appear that attention was directed to the fact at the time : Cullmne v. NY Cent., etc., 60...
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The Federal Reporter: Cases Argued and Determined in the ..., Volumes 149-150

1907 - 2094 pages
...* As against positive, ::ffinnntive evidence by credible witnesses to the ringing of a bell or the sounding of a whistle, there must be something more than the testimony of on« or more that they did not hear It, to authorize the submission of the question to the Jury. It...
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The American and English Railroad Cases: A Collection of All the Railroad ...

Lawrence Lewis, Adelbert Hamilton, John Houston Merrill, William Mark McKinney, James Manford Kerr, John Crawford Thomson - 1883 - 796 pages
...278. As against positive affirmative evidence of ..credible witnesses, to the ringing of a bell or the sounding of a whistle, there must be something more than the testimony of one or more witnesses that they did not hear it, to authorize the submission of the question to the jury. Cnlhane...
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A Digest of Railway Decisions: Comprising All Reported American ..., Volume 2

John Fletcher Lacey - 1884 - 1404 pages
...witnesses of the ringing of a bell or the sounding of a whistle theic must be something more thiin the testimony of one or more that they did not hear it. It must appear that their attention was directed to the fact at the timo. ' СпПмпе v. NY Central...
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The Atlantic Reporter, Volume 91

1915 - 1106 pages
...* * As against positive, affirmative evidence by credible witnesses to the ringing of a bell or the sounding of a whistle, there must be something more...they were looking, watching, and listening for it, that their attention was directed to the fact, so that the evidence will tend to some extent to prove...
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Atlantic Reporter, Volume 66

1907 - 1166 pages
..."as against positive affirmative evidence by credible witnesses to the ringing of the bell, or the sounding of a •whistle, there must be something...jury. It must appear that they were looking, watching, or listening for It; that their attention was directed to the fact, so that the evidence will tend...
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The New York Supplement, Volume 9

1890 - 1098 pages
...that, as against positive affirmative evidence, of credible witnesses, of the ringing of a bell or the sounding of a whistle, there must be something more than the testimony of one or more witnesses that they did not hear it. In that case, however, the witnesses for the plaintiff did not...
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