The Law of Personal Injuries on Railroads, Volume 2

Front Cover
F. H. Thomas law book Company, 1909 - Liability for railroad accidents
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Contents

Passenger reaching first destination remaining on train
843
Children riding without payment of fare
845
Persons riding on wrong train
847
Employees permission to enter train
848
Additional risks from inclement weather assumed 356 Obvious dangers from violation of statutes assumed in some States
849
Scope of chapter
850
Mail agents held to be passengers
853
Express messengers
856
Employees of sleeping car company
858
News agents and fruit venders
861
Drover traveling with stock
862
Employees riding to and from work
865
Passenger assisting carriers employees
868
Persons accompanying passengers on train
869
Persons obtaining transportation by fraud
872
Action by or for the widow of the deceased 59 Same Compromise or settlement with widow 60 Same Marriage divorce or adultery of the widow 61...
876
Carrier not liable as insurer
877
Negligence essential to liability 575 What constitutes negligence toward passenger
879
INJURIES TO EMPLOYEES
884
Highest degree of care exacted
886
Exceptions to the rule of extraordinary care
889
Plaintiff9 negligence slight and defendants gross 456 When both parties equally negligent 457 In case of injuries to passengers
890
Liable for slight negligence
891
Care such as used by prudent persons
892
Care proportionate to mode of conveyance adopted 584 When ordinary care sufficient
896
Carrier only held to ordinary care in England
897
Duty toward sick or insane passengers
898
Care toward women and children
900
Care toward intoxicated passengers
901
Duty to employ competent employees
903
Negligence of employees
904
Negligence of strangers Missile thrown through window
906
Inevitable accident or act of
907
CHAPTER L
910
THE ROADBED AND TRACK 593 594
912
595
913
Care in selecting materials 598 Liability for injuries caused by defective track
917
Negligence presumed from defective roadway
919
Condition of rails and crossties
920
Care of embankments and cuts
921
Failure to fence track
922
Duty to provide against ordinary rainfall
924
Extraordinary floods
925
Duty as to bridges and trestles
928
Inspection of bridges
929
Care of switches
930
Derailment establishes prima facie case
931
Landslide raises no presumption of negligence
932
Landslide due to ordinary rainfall 611 Obstructions on or near the track
935
Bock falling on track
936
Collisions due to slippery rails 614 Broken rail When evidence of negligence
937
Risks of injuries due to incompetency of employees not as sumed
939
Care of double track roads
940
JURISDICTION OF ACTION
941
Duty regarding generally Degree of care required
943
Failure to heat waiting room
948
COEMPLOYEES AT COMMON
949
Duty regarding toilet rooms
950
Station blown down by storm
951
Failure to light station and platform
952
Defective platforms generally
954
Collisions with baggage trucks
956
Passenger struck by mail sacks
957
Defects in premises near station 630 Approaches and passageways
959
Placing cars across approach to station
961
Sunning engine or cars between passenger train and station 633 Injuries by falling into cattle guards
962
CHAPTER XXIV
966
Duty may be enforced by mandamus
969
Inspection of cars and engines
970
Obligation assumed by company furnishing motive power
971
Duty to adopt new improvements
972
Liability for defective cars or appliances
973
Injury from defect in establishes prima facie case
974
Latent defects
975
Carriers responsibility for negligence of manufacturer 644 No liability on principle without personal negligence of carrier 645 Vehicles or cars owne...
979
Must provide safe place for passenger to ride
981
Duty to heat coach Other accommodations
982
Injury from failure to light coaches 649 Car windows and doors
984
Defective baggageracks chandeliers
986
Platforms and steps to cars
987
Condition of car wheels
989
Insufficient car axles
990
Defective brakes
992
Injury due to defective couplings
993
Duty to provide spark arresters
994
CHAPTER XXV
995
NEGLIGENCE IN THE EQUIPMENT AND OPEEATION OF TRAINS 657 Care in the equipment and operation of trains generally
997
Rules and regulations governing passengers
999
Questions of law for the court
1000
Created by law as incidents to relation 244 Liability based upon breach of duty 245 General duties of the employer
1002
Opinions of medical experts as to permanency of injury 101 When opinions based wholly on history of case 102 Running of trains Train sheetsand ti...
1003
Injury from negligent delay in transportation
1006
Injuries from exposure to weather
1008
None of these duties can be delegated 247 Same Protection of employees and charter powers 248 Employer held to no greater degree of care than e...
1009
Unusual jerks or jars in starting or stopping passenger trains 665 Same Injury from establishes prima facie case 666 Same Injury to feeble passenger...
1011
Same Jerks and jolts during transit
1014
Formation of mixed trains Statutes controlling
1016
Care toward passengers on freight trains
1017
No negligence inferred from jerks or jolts on freight trains 671 Duty to give signals
1022
Running trains too close together 673 Operating trains out of time
1024
Collisions of trains on same track
1025
Collisions at intersections of two railroads 676 Injury from projection on passing train
1028
Injuries by articles thrown from train
1029
Care to avoid obstructions
1030
Injuries from collisions with cattle
1032
Injury due to overloaded coach
1033
Injuries from snow and ice on car platforms
1034
Shutting door on passengers hand
1036
Imputed negligence and personal negligence distinguished
1039
CHAPTER XXVI
1040
Concurrent negligence of another no defense
1041
Imputation of negligence of drivers of vehicles generally
1042
Failure to stop train at station
1043
Law exacts reasonable delay only
1044
Appliances for boarding trains 089 Approach and ingress to train
1046
Duty to furnish seat for passenger
1048
Moving train while passenger is getting
1049
GENERAL CONSIDERATIONS IN ACTIONS FOB PERSONAL
1050
Boarding a moving train 693 Same Negligence in boarding train when on direction of conductor
1051
No duty to assist passenger to board train when
1055
Same In case of feeble or disabled passenger
1056
Negligence in assisting passenger
1057
Announcement or direction to enter train
1058
Same Authority of employee of freight train must be shown 699 Invitation to enter cars Calling All aboard
1060
Signals and warnings to passengers boarding trains
1062
Same Signals by third persons
1063
Accidental injuries in boarding cars assumed
1064
CHAPTEE XXVII
1065
Duty to announce stations
1067
No duty to awaken sleeping passengers
1069
Duty to stop train at station platform
1070
Train should be entirely stopped
1072
Reasonable time to alight 709 Sick young or disabled passengers
1076
Place of egress
1078
Safe platforms and appliances for alighting
1079
Same At flag stations
1081
Assisting passengers to alight
1082
Warning or instructing passengers of dangers in alighting
1084
Alighting from moving train
1086
Alighting from moving train presumptively negligent 717 Same To avoid being carried by station
1089
Same Rate of speed as determining negligence of
1090
Compelling passenger to alight from train in motion 720 Same In front of train on parallel track
1094
Starting train while passenger is alighting
1095
Jerking train while passenger is alighting
1099
Starting train after reasonable time 724 Putting passenger off away from station
1101
Basis of rule of assumption of risks 316 Volunteers generally held to assume risks 317 Dangers from employers negligence assumed in some States 3...
1104
INJURIES TO PASSENGERS BY EMPLOYEES 727 Ground of carriers liability
1107
Rule of nonliability for negligence of 402 Reason for the rule
1108
Liability for torts of employees generally
1109
Wrongful ejection of passenger
1110
Ejection of sick or disorderly passengers
1111
Injury from ejection at dangerous place
1112
Ejecting passenger from moving train
1114
Promulgation and enforcement of rule 164 Discretion in assessing damages
1115
Injury from excessive force in ejecting passenger
1116
Injury must be direct result of wrongful ejection
1117
Acts within and beyond scope of employment 736 What acts of employees within scope of employment
1119
Liability for assaults generally
1122
Assaults on female passengers
1124
Punitive damages for insults or assaults
1125
Sportive acts of employees
1127
Communication of contagious disease
1128
CHAPTER XXIX
1129
Acts of drunken or disorderly passengers
1133
Discharge of firearms 748 Acts of insane passengers
1134
Liability for assaults by fellow passengers 750 Rape committed by fellow passenger
1137
Altercations between employees and passengers
1138
Missile thrown by fellow passenger
1139
Carriers knowledge of threatened danger
1140
Duty of injured passenger to claim carriers protection 755 Passenger with contagious disease 756 Right of colored passenger to protection
1142
CHAPTER XXX
1144
Degree of care to prevent
1145
No presumption of negligence
1146
Wrong must have been anticipated
1148
Assaults that could have been prevented
1149
Assaults that were not anticipated
1150
Injuries from stones or missiles
1151
Throwing switch Derailment of train
1152
Obstructions on track
1153
Violence of intruders at railway stations
1154
Acts of
1155
CHAPTER XXXI
1157
Passengers under disability
1160
Must directly contribute to injury
1161
Boarding wrong car or train 773 Disobedience of carriers rules
1163
Passing from one car to another
1165
Crossing track in front of approaching
1166
Passengers crossing steam and street railroad tracks
1168
Riding on freight trains 778 Care in boarding cars
1171
Boarding train in improper manner 780 Entering train from wrong side
1172
Boarding train at improper time
1173
Boarding train away from station
1174
Boarding moving trains 784 Train moving slowly
1177
Care in alighting from train
1179
Alighting on wrong side of train
1180
Alighting away from station platform
1182
Alighting from moving train
1184
Speed of train as affecting negligence in alighting
1186
Alighting from moving train at improper time
1189
Alighting on command of employees
1190
Jumping to avoid imminent peril
1192
Care in or about station
1193
794 Use of premises not intended for passengers
1195
Standing or walking on or near track
1196
Selecting unsafe place to ride
1197
Biding on car or engine
1199
Riding in cupola of caboose
1200
Standing up in
1201
Standing in car while switching is being done
1203
Riding on platform of
1204
Riding with limbs projecting from window
1207
Riding in baggage or express
1209
Passing between or over stationary cars
1210
When intoxication a defense
1211
Conduct in emergencies
1212
Obeying directions of employees
1213
Recovery notwithstanding contributory negligence
1215
CHAPTER XXXII
1216
Liability of one cairier for injury on line of another 810 Liability of initial carrier
1217
Carrier using another carriers facilities or employees 812 Injury in car on side track of connecting road
1218
That plaintiff was rightfully on train
1229
Negligence in assisting passenger to board train
1230
Injury due to bad track
1231
Conflict of laws regarding 464 Negligence of coemployee an assumed risk 465 Scope and extent of the rule 466 Volunteer subject to rule 467 Illustr...
1232
Failure to heat train
1233
In actions for assaults
1234
Failure to provide facilities for alighting 831 Jerking train while passenger alighting
1235
Failure to stop train at proper place
1236
Negativing contributory negligence 834 Setting up limitations on liability
1237
CHAPTER XXXIV
1239
Presumption of negligence from accident 837 On burden of proof
1241
Defining the term negligence
1242
That carrier is not an insurer 840 Duty toward passenger alighting
1243
Safety of appliances for alighting from car
1244
On contributory negligence of passenger
1245
Assuming notice of danger of person injured
1246
On violation of rules
1247
Confusing recoveries under different statutes
1248
Inconsistent instructions
1249
CHAPTER XXXV
1250
Limitations must be reasonable
1252
Contracts limiting liability for negligence
1253
Duty and liability toward passholder
1255
Limitations in gratuitous passes
1256
By printed notices
1259
Risks of riding on freight trains
1260
Contracts of express messengers
1261
Drovers passes
1263
Contracts of mail agents 858 Conflict of laws
1265
CHAPTER XXXVI
1266
Duty to maintain premises in safe condition
1271
Risks assumed by licensees 864 Persons working on premises of company
1273
Persons using premises by invitation
1275
Persons loading or unloading cars
1276
Persons accompanying passengers
1278
Passengers visiting portion of premises not open to public 869 Persons on trains
1280
No invitation implied in absence of mutual interest
1282
Persons having business with the carriers employees
1283
Persons using premises for their own convenience
1285
Persons habitually using railroad premises
1288
People crossing track
1289
Using railroad track as footway
1292
Contributory negligence of licensee
1294
CHAPTEK XXXVII
1297
What constitutes a public crossing
1302
Care required in cities
1303
Private or farm crossings
1304
When railroad entitled to right of
1306
Employees may assume that person will leave track when
1307
Collisions with teams generally
1309
Striking teams that are stalled
1310
Frightening horses at crossings
1312
Injuries due to improper appliances on cars 888 Two trains operated close together across highway
1316
CHAPTER XXXVIII
1320
No duty to give warning at overhead crossing in Wisconsin
1322
The reason for the distinction considered 894 Same The rule in Pennsylvania 895 A contrary doctrine recognized in Pennsylvania
1324
Signals required at overhead crossings in California 898 Warnings necessary in New York
1327
Warning required in Kentucky
1328
Warning required under Ohio statute 901 The rule followed in Tennessee 902 Failure to stop look or listen in approaching
1329
Duty of railroad company in maintenance of crossings 904 Obligation extends to approaches
1331
Liability to municipality for failure to maintain
1334
When turnpike company liable
1335
Defective undercrossing When company not liable 908 Duty as to private crossings
1336
Liability for defective or obstructed crossings
1337
Neglect of statutory duty regarding
1339
Raising track above street 912 Failure to light obstructed crossing at night
1341
Failure to restore crossing
1342
Changing or diverting highway crossings 915 When companys negligence a jury issue
1344
CHAPTER XL
1345
Signs should be maintained independent of statute
1347
City ordinances requiring maintenance of gates 919 Open gate an invitation to cross track
1349
Traveler may rely upon gate when
1351
Care exacted of traveler where gates are maintained
1352
Open gate will not excuse travelers negligence
1353
Gates should be closed when trains passing
1355
Negligence of gatekeeper Motioning traveler to cross
1356
Striking traveler with gate
1357
Gate opened by third party
1358
Liability of different companies maintaining gate 928 One company using track of another company
1359
Crossing gates at private ways
1360
Jury issues in actions regarding
1362
MAINTENANCE OF FLAGMEN AND WATCHMEN
1365
Duty to maintain may exist independent of statute
1369
Ordinances requiring
1370
Absence of competent on issue of negligence when
1372
At country road crossings
1373
At crossing of city streets
1374
Where crossing is unusually dangerous
1375
When custom binds company to maintain 940 Negligence of flagman generally 941 Absence of flagman invitation to cross
1378
Backing trains across street in absence of flagman
1380
When traveler may assume track is clear
1382
One company using another companys track 945 Duty to maintain as jury issue
1383
CHAPTER XLII
1385
Ordinances requiring
1389
Constitutionality of statutes requiring
1390
Effect of violating such statutes
1391
General object of such statutes
1393
What trains required to give signals generally
1395
Failure to signal at crossing negligence
1396
Failure to signal When traveler may assume track is clear
1397
Kind of signals to be given
1399
When statute is in the alternative
1400
When view of track is obstructed
1401
Giving signals at improper place
1403
When other precautions required
1404
Statutes apply to what roads
1406
What are public highways generally
1407
Signals not required at private crossings generally
1409
Mutual care required of traveler and railroad company 964 Who may complain of failure to give signals
1412
Persons walking on or along track
1413
Persons who know train approaching not entitled
1414
Trespassers and others on railroad track
1416
Injuries near crossings
1417
Frightening horses by failure to give signals
1418
No duty to check speed after giving signals
1420
971 Burden of proof
1423
Negative and positive evidence to establish
1424
Instructions concerning doty of 974 Jury issues regarding
1427
CHAPTER XLIII
1430
Ordinances regulating
1432
General observations concerning
1434
Ordinary care required
1436
When excessive speed evidence of negligence
1437
When speed so great as to render signals useless 982 What speed generally will be held to be excessive
1439
When special circumstances require slower trains
1441
When persons using crossings may assume speed lawful 985 Speed in cities
1443
Speed in towns and villages 987 Speed of trains at country road crossings
1446
At dangerous crossings
1447
Jury issues regarding
1449
CONTRIBUTORY NEGLIGENCE OF TRAVELER ON HIGHWAY 990 General rules underlying 991 Care required from traveler in going on track
1451
Care required of persons under disability
1455
Where traveler is partially blind
1457
Travelers negligence contributing to injury bars recovery 995 Mutual care to be observed
1459
Travelers negligence must proximately contribute to injury
1460
How far traveler may assume train will be properly operated 998 Place of crossing track
1463
Failure to observe or heed signals
1464
How far traveler may presume that signals will be given
1466
Absence of flagman evidence of negligence 1002 Cpen gate an invitation to cross track
1470
The duty to stop look and listen
1471
Care to be observed in looking and listening
1473
Traveler should look in both directions
1475
Failure to look and listen is negligence when
1477
Looking for special trains or those out of time
1479
Duty to look and listen not affected by failure to give signals
1481
Failure to maintain flagman does not affect duty to look and listen
1482
Speed of train does not affect duty to look and listen
1483
Duty of deaf persons or those with ears covered to look for trains
1486
Proper place to stop look and listen
1489
Driving rapidly upon crossing without looking 1010 Duty to listen when track obstructed 1017 Driving rapidly on obstructed crossing
1496
When track obstructed by steam or smoke
1497
When track obstructed by buildings or piles of lumber 1020 When track obstructed by passing trains or standing cars 1021 Track obstructed by cuts ...
1502
Track obstructed by weeds brush or trees
1503
When track obscured by dust fog or snow 1024 View of track obscured by umbrella
1506
Approaching crossing in covered conveyance
1507
Driving upon crossing on dangerously loaded wagon
1509
Colliding with train on parallel track
1510
Passing under or between stationary cars
1512
Crossing track in front of approaching train
1514
Crossing in front of train a jury issue when 1031 Intoxicated person going on track
1520
Burden of proof on plaintiff
1521
Travelers duty not affected by companys negligence 1034 Injury avoidable by ordinary care 1035 When travelers negligence a question of law for t...
1525
Statutes exempting employees from risks of negligence of coemployees 387 Assumption of risk jury issue when CHAPTER XVI
1529
Negligence of excursionists
1549
Persons jointly engaged in common enterprise
1551
Negligence of coemployees not imputed 1051 Employees negligence imputed to employer
1556
Scope of chapter 73 Injury must result from negligent act 74 What presumptions are indulged in in such actions 75 Rule of evidenceConflict of laws ...
1557
Employees negligence not imputed to employers guest
1558
Persons riding in private vehicles
1559
Injured person in position to control driver
1561
Guest riding in private vehicle
1563
When negligence of husband imputed to wife
1565
Negligence of relatives imputed when
1568
Rule as to infants non sui juris
1570
When negligence imputed to children sui juris
1575
WHO DEEMED TRESPASSERS GENERALLY 1060 Persons going upon railroad property 1061 Company entitled to clear track 1062 Persons cros...
1578
Persons walking on tracks
1582
Use of track by pedestrians at nighttime 1065 When company consents to general use of track
1585
License to use track not established by occasional user
1588
Persons walking on bridge or trestle 1068 Persons on right of
1591
Persons frequenting depot grounds or yards 1070 Persons wrongfully upon train
1593
Persons wrongfully riding on freight trains 1072 Persons wrongfully riding on special trains cars or engines 1073 Whether children playing upon tur...
1597
Newest and safest appliances not essential 254 Same Engines and cars
1649
Risks from destructive natural sources assumed 320 Where work changes the place 321 Risks incident to employment are assumed 322 Scope and ex...
1650
Same Scaffolds lights and ladders 256 Injuries from hidden defects in appliances 257 Must provide reasonably safe place 258 Same Railroad tracks ...
1651
Crossing bridge in front of train 417 Sleeping upon or near railroad track 418 Walking in dangerous place in dark 419 Failure to discover defects in ...
1655
Collisions between trains and cars 470 Limitations upon rule of nonliability for coemployees neglect 471 Companys negligence concurring to produ...
1659
Doctrine not generally recognized 444 The rule stated 445 Origin of the doctrine
1660
Rule generally denied in the United States 447 Burden of proof on the plaintiff 448 Act of Congress establishing as to interstate carriers 449 Conflicti...
1661
Explanation of the defense 389 Not confined to parties occupying special relations 390 Mutual negligence bars recovery
1662
Risks of accidents are assumed 358 Selecting more dangerous way CHAPTER XV
1663
Under cars or locomotives
1664
Obstructions on or near track
1665
PROXIMATE CAUSE OF INJURY
1667
Mixed questions of law and fact for court 133 When there is total absence of negligence 134 Court to decide whether duty owing or not 133 Failure ...
1668
Right to damages generally 167 Province of court and jury in assessing
1669
Duty to prevent or keep damages down 169 Only damages proximately resulting are recoverable 170 What damages are proximate 171 Mental angu...
1670
Evidence in mitigation of damages 188 Damages for pecuniary loss to beneficiaries 189 What evidence of pecuniary loss competent 190 Necessity o...
1671
Actions both local and transitory
1672
Fit and competent employees must be employed 262 Duty to employ a sufficient number of employees 263 Duty to promulgate rules 264 What rail...
1677
Terms applicable to what class 208 Pleading relationship of employer and employee 209 Injury should result from acts of employees charged 210 Pe...
1678
Same The rule in the federal court 215 Sams The rule in Florida 216 The Indiana rule 217 The law in Iowa 218 No liability in Kansas 219 Rule the ...
1679
When one deemed employee of two or more companies 229 Different companies using same track or train 230 Joint or several liability of companie...
1680
Defendants notice of defects must be shown 80 Plaintiffs ignorance of the danger 81 Reasonable safety of place or appliance sufficient 82 Defective r...
1682
What declarations admissible as part of res gestce 92 Displaying injured member to jury 93 Physical examination of plaintiff When ordered 94 Evid...
1683
Mortality tables competent when 106 When negative evidence is admissible 107 Evidence of settlement with other employees incompetent 108 Evid...
1684
Duty to employ generally
1686
Not required at common
1687
What is demonstrative evidence of negligence 111 Need not be specially pleaded 112 Pleading facts to bring case within rule 113 Limitations of the ...
1690
Exemplary damages for death
1693
Inspection of track
1694
Jury cannot erect special standards for control of business
1697
Should pass upon disputed issues of fact 151 Weight of evidence determined by 152 Question of defendants negligence 153 Specific issues in deter...
1698
Who considered independent contractor
1707
Trespassers or licensees cannot invoke rule 115 The rule applies to plaintiffs negligence 116 Collisions between railroad trains 117 Injuries to employ...
1719
Does not apply to injuries to employees from collisions 121 Injuries to passengers from street car collisions 122 Displacement of cars or appliances 1...
1720
Dangerous working place Caving earth bank 366 When risk of injury from low bridges not assumed 367 Injury from defective track not assumed w...
1721
Objections to such legislation 503 History of legislation regarding 504 Constitutionality of such statutes 505 Extraterritorial effect of such statutes 50...
1727
Defendants negligence must be proximate cause of injury
1731
INJUBIES TO INFANT EMPLOYEES
1737
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Common terms and phrases

Popular passages

Page 1323 - That it shall be the duty of the said company to construct and keep in repair good and sufficient bridges or passages over or under...
Page 1285 - The general rule is, that a bare licensee has no cause of action on account of dangers existing in the place he is permitted to enter, but goes there at his own risk, and must take the premises as he finds them.
Page 1037 - ... he is not as a matter of law guilty of contributory negligence in failing to...
Page 1289 - ... enticement, allurement or inducement being held out to him by the owner or occupant, cannot recover damages for injuries caused by obstructions or pitfalls. He goes there at his own risk, and enjoys the license subject to its concomitant perils. No duty is imposed by law on the owner or occupant to keep his premises in a suitable condition for those who come there solely for their own convenience or pleasure...
Page 1264 - Voigt, an express messenger riding in a car set apart for the use of an express company, was injured by the negligence of the railway company. There was an agreement between the two companies that the former would hold the railway company free from all liability for negligence, whether caused by the negligence of the railway company or its employees.
Page 1284 - appears to be that invitation is inferred where there is a common interest or mutual advantage, while a license is inferred where the object is the mere pleasure or benefit of the person using it.
Page 1265 - That a drover traveling on a pass, such as was given in this case, for the purpose of taking care of his stock on the train, is a passenger for hire.
Page 1157 - We do not think that there is any duty to police station-houses, with the view of anticipating violence to passengers, which there are no reasonable grounds to expect. This is as far as the case requires us to go. The liability of a common carrier, when receiving a passenger at a station for transportation, ought not to be greater than that of an innkeeper, who is never held li.ible for trespasses committed ordinarily by strangers upon the person of his guests.
Page 1284 - It is sometimes difficult to determine whether the circumstances make a case of invitation, in the technical sense of that word, as used in a large number of adjudged cases, or only a case of mere license. "The principle,
Page 1289 - ... on the owner or occupant to keep his premises in a suitable condition for those who come there solely for their own convenience or pleasure, and who are not either expressly invited to enter or induced to come upon them by the purpose for which the premises are appropriated and occupied, or by some preparation or adaptation of the place for use by customers or passengers, which might naturally and reasonably lead them to suppose that they might properly and safely enter thereon.

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