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Abstract

In violation of its rules prohibiting trespassing, defendant railroad's signal maintenance man invited a third person to shoot ducks from the signal tower. The trespasser, while in the tower, negligently shot plaintiff's decedent, who was shooting on adjacent land. Held, the defendant company did not violate its duty to use care commensurate with known danger, hence was not liable. DeRyss v. New York Cent. Ry., 275 N. Y. 85, 9 N. E. (2d) 788 (1937).

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