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Show LOOK AND LISTEN. When It Is Not Legally Necessary ot a Railroad Crossing Tho rule requiring a traveler on a public rUhwav before croslnp a steam railroad to look and listen Is hei 1 hi tho Court of Aupctls In the rnso of Apnlonlu IVJowskl. na administratrix, ngulnBt tho Delawnro and Jlndson Can.il com piny not to apply when IhH situation nun such that If tho traeler lonktd and listened ho would not Ii.im dlscawrrd the danger Tho plaintiffs Inlestaiw was killed whlln ertmslnff tho trackH of tho defendant at Kdlson avenue In the city of hchenectndy Tho ncchhnt hai pened nt 6 30 In the cvn luir of October 7 lb'G 'I ho deceased wis sentt-d on tho eat of a two-horto market wagon Urhlng When about tlftecn feet from the rtllroad tracks ho utopped to allow a freight train to pans Tho nlRht was cloud) and dirk, with nellher moon nor stirn lBlble There w is no flagman at the crossing nor light near It Tho frcltrl t train made a loud uolso und after It had reached u point about 10 fiet past (ho cioxslng tho deceisid sild 'Get up," the team started, and hh he wan thus driving aerofs tho lrat.k ho wan struck bv an englno foltonlne a short distance behind the train and Instantly killed 'J hero wan no evldoieo Hndlng to show that tho defendant either looked or listened, lis-tened, and It did not appear whether ho wis familiar with tho crossing; or not A witness, whoso eeiight nml hearing were good, wiu wnlklng on tho sidewalk Ho also slopped and waited for the freight train to pass As the decedent started to tlrlvn over tho track tho witness walked alongy.de, und. as ho testified, looked and listened as ho went upon the track, but neither siw nor heard the appro iching cnklno until the irnh came Ho was where he could hie Men tho engine If It was vWthlo, and could have heard It If It was u udl bio aboc tho roar of tho train On tho trial a Jury gavn the pUlntifT a erdlct which was affirmed by the Ihlrd Annulate division The Court of Anuecls while hollln that tho railroad couiuanv In backing tho engine In Ihe wa, It did Whlnd Ihe height, train rannot bo rild to hivo exeritjrd reasonable cm crderr a recrsal Uciusa of an irror hi tho charge of tho Justice Judge Vann. for tho court of list rtsnrt Biya that In the nhome of any evidence that the rti Cfaued Hlher lonktd or listened before gt lug upon the track, the trial Jury should not hae been permitted to assume, that Ln did so from tho circumstances of tho nccldbiit nnd a charge that they might to Inlcr and permlillng tin in to rind a erdht upon that theory Is reversible error er-ror -Ullca Dally 1'rcss |