Commentaries on the Law of Negligence in All Relations: (including a Complete Revision of the Author's Previous Works on the Same Subject)

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Bowen-Merrill Company, 1902
 

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Duty to carry on the particular train for which a ticket is pur chased 2558 Carrier liable for carrying passenger beyond his destination
24
Measure of damages for being carried beyond destination
26
Carrying passenger beyond his station where it has been duly called and the train stops 2561 What if train does not stop at station called for by the tic...
27
Duty of passenger to make inquiry as to whether train stops at his station
28
Further of the rights of the passenger who boards a train which does not stop at his proper station
29
Duty of the conductor in such cases
30
Statutory obligation to stop train after ticket calling for a par ticular station is taken
31
Constitutionality of State statutes requiring interstate trains to stop at certain stations
32
Obligation to stop at other points than regular stations
34
Passenger acting on erroneous information given by the ticket agent
35
Passenger acting on erroneous information given by conductor or train agent
37
Further of the effect of mistakes of the train conductor
38
Passenger acting upon information given by inferior employés 2572 Right of passenger to a seat
39
Right to a seat in a parlor
40
Right of colored persons to be carried according to contract 2575 Statutory fares and overcharges 2576 Measure of damages for refusing to carry ac...
42
Questions of procedure in actions for carrying passengers beyond their destination
43
PASSAGE TICKETS SECTION 2581 Nature of passage tickets
44
Prima facie but not conclusive evidence of right of passage 2583 Transferability of passage tickets
46
Interpretation of passage tickets 2585 Passage ticket furnishes evidence to the conductor of the real con tract 2586 Effect of unstamped tickets
48
Mistakes and misprisions of the ticket agent
50
Right to rely on the apparent authority of the person officiating in the ticket office
52
Tickets purchased from brokers or scalpers
53
Rights of passengers holding excursion tickets
54
Tickets over connecting lines
55
Transfers from one car to another on the same line
58
Regulations and restrictions annexed to such transfers
59
Transfers given to street railway passengers
60
Right to stop short of destination on continuous trip tickets 2597 Right to stop off and resume journey on same ticket
61
Further of the right to stop off and resume journey
63
Tickets limited as to time
63
Interpretation of such time limits
66
Statutes regulating such tickets
68
Tickets good for this trip only good for this day only
69
Application of this rule to commutation tickets 2604 Other applications of this rule
70
Application of this rule in the case of connecting carriers 2606 Extensions of limited tickets
71
Identity of the holder of the ticket
72
Collecting extra fare from passengers without tickets
73
When this extra fare can not be demanded
74
When ticket offices to be kept open
76
When railroad waitingrooms are to be kept open 2612 Statutory regulations upon this subject
77
Regulations requiring passengers boarding cars outside of station to pay extra fare although they have already paid fare in the station
78
Illegible tickets
79
Meaningless conditions in tickets 2616 Commutation coupon and roundtrip tickets
80
Rights of persons travelling on free passes
81
Actions by railroad companies against passengers to recover fares 2619 Other holdings relating to railway tickets
83
SPECIAL CONTRACTS OF CARRIAGE SECTION 2624 Special contracts for carriage
84
Special contracts printed on commutation tickets
85
Assent of passenger to conditions in such contractsTheory under which assent presumed
86
Doctrine that knowledge of conditions must be brought home to
87
Waiver of conditions in passage tickets
88
Circumstances where there was no such waiver
90
Tickets procured through fraud
92
CHAPTER LXXXIX
94
Relation of carrier and passenger how created
95
Who deemed a passenger
96
Persons on board carriers vehicle presumed to be passengers
98
Point of time at which the relation commences
100
Further as to when the relation commences
101
Still further of this subject
102
Status of passenger not created by mere preparation to become a passenger
104
Status of passenger as dependent upon payment of fare
105
Further of the status of passenger as dependent upon the payment of fare
106
Still further as to the effect of the nonpayment of fare
108
Prepayment of fare not necessary to constitute one a passenger on a street car 2646 Persons riding gratuitously with the invitation or consent of the ca...
109
Who a passenger for hire 2648 Stockdrovers
112
Mail agentsPostal clerks
114
Soldiers transported under contract with the Government 2651 Express messengers
116
Express messengers learning the run 2653 Persons employed on a private car 2654 Employés of the carrier when deemed servants
118
When such employés deemed passengers
120
Employés of sleeping car companies 2657 Persons engaged in business on the carriers vehicle
121
Persons attending passengers arriving or departing
122
Passenger temporarily absent from carriers vehicle
124
Doctrine that temporary absence temporarily suspends relation of carrier and passenger
126
Persons on board trains delayed by accidents 2662 Status of person carried beyond destination while being brought back 2663 When the relation of ...
127
Further as to when the relation terminates
128
When the relation terminates in case of passengers on street cars
129
Who deemed passengers on freight trains
131
Persons riding on freight train by the mere permission of the conductor
132
Person riding on freight train by invitation of inferior train servants
134
Who not deemed such a passenger 2670 Idlers and spectators upon the carriers premises
135
Person riding in improper place on carriers vehicle
136
Persons riding on hand cars
138
Passengers riding upon the wrong train
140
Duty of carrier to guard against injury to strangers who are not trespassers 2675 Burden of proof to show that person is not a passenger
141
CHAPTER XC
142
A general statement of this duty 2679 Not an insurer but liable for reasonable care only
143
Applications of this doctrine
144
Doctrine that carrier is bound to use extraordinary care as to the safety of stations grounds etc 2682 To what portions of the carriers grounds this dut...
146
Extends to providing safe waitingrooms for passengers 2684 Extends to providing safe toiletrooms annexed to waitingrooms 2685 To whom this dut...
149
Extends to all persons lawfully there on business with the carrier
150
Does not extend to mere idlers and spectators
151
Extends to providing safe platforms
152
Further of the duty of providing safe platforms
154
Still further of this duty
155
Duty to keep platforms approaches thereto and stations lighted at night
156
Instances of negligence in failing to keep premises lighted
158
Other such instances
159
Further illustrations showing the extent of this duty
160
Cases of defective platforms where the carrier was exonerated
163
Care of platform maintained jointly by two companies 2697 Right of passenger to assume that the platform is safe
164
Other instances of negligence with respect to the carriers premises 2699 This duty extends to providing safe passageways
168
Illustrations of this duty
169
Extends to care in moving trains so as not to injure passengers 2702 Extends to providing safe means of ingress to carriers vehicle
171
Extends to providing passenger with safe means of alighting from carriers vehicle
172
And safe means of egress therefrom
174
Duty to protect alighting passengers from being struck by other trains
175
Duty to provide servants to guide and direct passengers 2706a Duty to provide guards to control crowds and prevent injury to passengers
177
Duty to provide safe passage to and from mail cars 2708 Duty to provide safe passage to and from refreshment rooms
178
Duty to provide safe passageways to and from baggage rooms 2710 Duty to provide safe passage to and from its telegraph office
179
Passengers injured by throwing mail sacks from moving trains
180
Application of these principles to street railways
181
In the case of passengers on elevated railways
182
In case of passengers on freight trains
183
Duty of providing safe wharves by carriers by water 2716 Injuries to waiting passengers through carelessness of the carriers
184
Negligence with Respect to Passengers on Freight
186
Bound to use the highest practicable degree of care
192
Liability for slight negligence
198
Theory that this duty renders carrier liable although the proximate cause is the negligence of a third person 2735 To whom this measure of care is du...
199
Further of this duty of care towards feeble or helpless passengers
201
This care varies with the situation of passenger 2738 Greater care required in favor of passengers under disabilities 2739 This duty of care illustrated ...
202
In the case of a passenger who is intoxicated
203
This rule of diligence does not exclude the defense of the contrib utory negligence of the passenger
204
Instance of an instruction demanding too strict a standard of diligence
205
Another instance of such an instruction
208
The modern English rule of reasonable care
209
Further of the English rule
210
American expressions of this rule of ordinary care
211
Comments on the reasonable care doctrine
212
Doctrine that the rule of extraordinary care applies only to the carriers means of transit
213
Circumstances under which the carrier is bound only to ordinary care as toward the passenger
215
This obligation of care toward passengers how affected by statute
216
PRESUMPTION OF NEGLIGENCE FROM THE HAPPENING OF TIIE ACCIDENT SECTION 2754 Nature of this presumption
217
A further explanation of this presumption
219
This presumption arises not from the happening of the accident but from a consideration of the cause of the accident
221
Arises only where the accident proceeds from something within the control of the carrier 2758 An approved judicial statement of this presumption
223
This presumption arises from accident to carriers vehicle 2760 This presumption arises where injury proceeds from carriers servant 2761 Illustrations...
224
Further illustrations
226
2763 No such presumption where the defect is equally known to the pas senger and the carrier
227
Nor where the accident proceeds in part from a voluntary move ment on the part of the passenger
229
Nor where the accident proceeds from something wholly discon nected from the business of the carrier and which he is not bound to provide against
230
Nor where the injury proceeds from the act of God
231
Nor where the injury proceeds from the act of another passenger or other third person
232
Further of this exception
233
Nor where cause of accident is not susceptible of proof
234
Burden of rebutting this presumption rests on the carrier
235
What the carrier must prove to rebut this presumption
236
Further of evidence to rebut this presumption
237
This presumption takes the question of negligence to the jury in all cases
238
Evidence to overthrow this presumption
239
Rules under particular statutes
240
PROXIMATE AND REMOTE CAUSE OF INJURY OR DAMAGE SECTION 2778 The negligence of the carrier must have been the proximate caus...
242
Concurring negligence of the carrier and a third person 2780 Concurring negligence of two carriers who undertake to transport the passenger 2781 J...
245
Remoteness of damages in such cases
247
Damages in such cases held too remote
248
NEGLIGENCE IN FAILING TO PROVIDE A SAFE VEHICLE AND ROADWAY SECTION 2785 Degree of care imposed upon carrier in this parti...
249
Carrier bound to make what tests
251
Obligation to adopt the latest improvements
252
Qualification of this doctrine
253
No liability for accidents caused by latent undiscoverable defects 2790 Obligation extends to adopting a suitable kind of appliance 2791 Carrier not n...
256
Not enough that the appliance was such as was ordinarily in use unless it was reasonably safe
257
Care demanded in inspecting a railroad passenger train
258
Necessity of inspection a question of fact for a jury 2795 This question how submitted to a jury
259
Duty of railway carrier in respect of the safety of its roadway 2797 Further of this duty
262
Application of these principles to washouts caused by extraordinary storms
263
Further of sudden floods and washouts
265
Further of this subject
267
Application of these principles to cases where rails axletrees etc are broken by frost
269
Rule where the accident is in part produced by an unforeseen cause 2803 What other latent defects have been held actionablewhat not actionable 280...
271
Further of the negligence of the manufacturer or contractor
272
Responsible for slight negligence of manufacturer of his means of transportation 2807 Competency of manufacturer or contractor an evidentiary fact...
274
Degree of care required of company furnishing motive power 2809 Presumption of negligence from derailment of train
275
Further of the presumption of negligence from the fact of derail
277
ment
278
Derailment caused by broken rail 2812 Derailment caused by breaking of wheel through secret defect
279
Derailment caused by giving way of the track
280
Evidence in case of injuries from derailments 2815 Questions of procedure and evidence connected with the subject of this article
281
Other applications of these principles
284
NEGLIGENCE OF RAILWAY CARRIERS IN OPERATING THEIR TRAINS SUBDIVISION 1 In General SECTION 2818 Degree of care required ...
285
Injuries to passengers through sudden jerking lurching etc of the
300
Cutting off sleeping car and leaving passenger behind
301
Duty to stop and rescue passengers 2833 Duty of railway companies to heat their cars
302
Liability of railway carrier for communicating contagious diseases 2836 Application of these principles in the case of elevated railways
304
Statutory safeguards
305
Derailments from other causes than defects in carriers roadway vehicle
306
Instances where the railway carrier of passengers was held liable
308
Instances where the carrier was exonerated from the charge of neg ligence
309
Questions of fact for the jury
311
Duty to warn passengers of danger 2844 Duty to warn passengers against taking the wrong route 2845 Not in general bound to assist passengers in g...
312
Injuries in consequence of assistance of trainmen
319
Duty to Enable Passenger to Board Train and Be come Seated SECTION 2854 Duty to afford reasonable time for passenger to get aboard train 2855 ...
320
Negligence of passenger injured in boarding train while in motion
322
Duty to afford time to enable passengers to become seated
323
Failing to provide passengers with seats
324
Duty to Allow Passenger a Reasonable Opportu nity to Alight in Safety SECTION
325
Duty to afford passenger a reasonable opportunity to alight safely
326
Further of this duty
327
Degree of care required of railroad company in this respect
329
Duty of conductor to know whether he has on board passengers desiring to alight at a particular station
330
This reasonable time must be adjusted to the age the sex the in firmities the extreme youth of the passenger and to other cir cumstances
331
when not negligent
332
Instructions to juries with reference to this duty
333
Statutes prescribing the length of time trains are to stop at sta tions
334
Duty to announce the names of stations
335
Stopping train before reaching station 2871 Stopping train at improper or dangerous place
336
Duty to give signals before starting
337
Further of this subject
339
persons entering the cars to assist passengers
340
Injuries from starting trains with a sudden motion
341
Further of starting trains with a sudden motion
342
Injuries to passengers alighting while train in motion
343
Further of alighting while train in motion
345
Effect of an invitation to alight express or implied 2881 Whether calling out the name of the station constitutes an invita tion to alight
347
English theories upon this question
348
What other acts constitute an invitation to alight
350
Circumstances under which passenger hurt in obeying invitation to alight can not recover damages
351
Injuries through defective appliances to passengers while alighting
352
Injuries to passengers upon the companys tracks in getting on and
353
Carrying the Passenger beyond his Proper Station SECTION 2890 Carrying passenger beyond his station
355
Further of carrying passenger beyond station
355
Carrying passenger beyond destination viewed as a breach of con tract or as a tort
357
Further of this wrongWhat damages recoverable
358
Contributory negligence of the passenger in allowing himself to be carried beyond his proper station 2895 Duty of the conductor when the passenger...
360
Examples of injuries of this kind
361
Limitations on the foregoing doctrine
362
Circumstances under which the carrier taking the passenger be yond his station will be exonerated
363
Carrier not liable for injuries resulting from mistakes of passenger
364
Trains
365
What injuries to passengers on freight trains are prima facie
371
Contributory negligence of passengers on freight trains
372
Riding in cars other than caboose
377
Injuries received by sudden jolts and jars while the train is at
378
Application of the doctrine of contributory negligence in the case
383
Whether contributory negligence in this relation is a substantive defense which must be pleaded and proved
385
Rule where the inference of contributory negligence arises out of the plaintiffs own testimony 2926 Want of care on the part of the passenger must c...
386
Passenger acting erroneously under impulse of fear produced by negligence of the carrier
387
Illustrations of this principle
388
Cases to which this rule does not apply
389
How far passenger entitled to presume that carrier has done his duty
390
Following directions of carriers servants
391
Leaping from railway train under advice or orders of conductor or trainmen
393
Circumstances where passenger not excused in obeying such advice
394
Contributory negligence of passengers under disabilities
396
Contributory negligence of trespassers 2937 Instances where contributory negligence was imputed
397
Instances where contributory negligence was not imputed 2939 Contributory negligence no bar to an action for an assault or ejec tion from the train ...
401
RIDING IN AN IMPROPER PLACE POSITION
402
Leaving seat and going to a more dangerous place
408
Riding on platform or steps of steam railway
409
Further of riding on such platform or steps
410
What will excuse the passenger in so riding
411
Further of such excuses or circumstances of justification
412
Further of this subject
413
Doctrine that the act of the passenger in so riding is not negligence
414
Going to the platform preparatory to alighting before the train comes to a stop 2954 Riding on the platform of a street
416
Riding on the platform of a street car when there is no room inside
418
When standing on street car platform contributory negligence 2957 Riding on steps or footboard of street
420
Riding in express or baggage
421
Exception where the duties of the passenger require him to ride in the baggage or express
422
Exception where he is so permitted to ride by the conductor or baggage master
423
Effect of the consent acquiescence or invitation of the servants of the company
424
Contributory negligence of stockmen
425
Riding in caboose car of freight train
426
Riding on top of cars 2966 Further of riding on the top of a railway train
428
Standing on the seat or standing or walking in the aisle or passage
429
Acts of this kind to which contributory negligence was not imputed 2969 Passing from one car to another while train in motion
431
Riding standing
432
Sitting by an open window
433
Riding with arm or head or body out of window
434
Cases holding that this is not contributory negligence
436
Other such cases
437
Whether the railroad company should erect barricades or guards to prevent people from putting their hands and arms out of the window 2976 Ridin...
439
Injuries caused by the opening and shutting of doors
440
Passengers hand crushed in the jamb of a door 2979 Cases of this kind where contributory negligence not imputed 2980 Cases of this kind where the...
442
Passenger assuming dangerous position in consequence of order of carriers servant
443
Assuming other dangerous positions
444
Instances where the assuming of a dangerous position was not deemed contributory negligence but presented a question for the jury
445
NEGLIGENCE IN BOARDING CARRIERS VEHICLE SECTION
446
Right of passenger to assume that the approach is safe
447
Further of this right to assume etc 2989 Care required in crossing intervening tracks to board the train
448
Attempting to reach train by a dangerous way where a safe way has been provided
450
Crawling under one train to reach another
451
Boarding cars by improper methods 2995 Not negligence per se to attempt to board a train in motion
453
Illustrations of this rule
455
Not negligence to assist another to board a moving train
456
Doctrine that to attempt to board a moving train is negligence 2999 Attempting to board a rapidly moving train is negligence 3000 Other cases wher...
458
When the act of the passenger deemed the proximate cause of his injury
460
Boarding the train while standing stilltrain suddenly starting 3003 Attempting to board cars where the doors of the cars are locked
461
Attempting to board an elevated railway train while in motion 3005 Attempting to board train although proper facilities are not afforded for boardin...
462
Passenger injured in getting on wrong train 3007 Attempting to enter a stagecoach in motion
463
NEGLIGENCE IN ALIGHTING FROM CARRIERS VEHICLE SECTION 3010 Degree of care required of the passenger in alighting
464
When negligence to leap from a train in motion
465
Cases in which it was so held
467
Conclusion from these cases restated
469
Is prima facie evidence of negligence taking question to jury 3015 When not negligence to leap from a railway train in motion
470
How in the case of women
473
Where the train has stopped a sufficient time for the passenger to alight
475
Alighting from moving train where passenger is carried beyond his station
477
Further of conduct of passenger carried beyond his station
479
Some illustrations of the doctrine of the preceding section
480
Other instances of injuries of this kind where recovery was denied
481
Where the train does not stop long enough to enable the passenger to get
482
Where the train begins to move while the passenger is alighting
483
Illustrative holdings
485
Leaping from train in order to avoid an impending peril real or apparent
486
Further of leaping from the train under impulse of fear produced by negligence of carrier
487
Leaping from the train under advice or commands of carriers servants
488
Circumstances under which contributory negligence ascribed to such acts
490
Instances of leaping from moving trains where the recovery of damages has been denied
492
Alighting while train in motion in consequence of mistake of pas senger
493
Passenger attempting to alight thrown down by a sudden jerk or 1 increase of motion 3033 Passengers stepping into the space between the car and th...
497
Passengers stepping into the space between the car and the plat
498
Alighting from moving train in disregard of the warnings of the carriers servants 3035 Alighting from the wrong door 3036 Negligence of passenger...
499
Passenger injured in disembarking from ferryboat 3038 Other questions growing out of injuries to passengers in alighting
500
Instructions in cases of injuries caused by alighting from railway trains while in motion
501
ALIGHTING AT IMPROPER OR DANGEROUS PLACE 2 합 SECTION
502
Alighting from railway train at improper or dangerous place
503
Further of alighting at improper or dangerous place
504
Alighting at a place where there is no platform
506
When contributory negligence imputable to such an
507
3046 Alighting on wrong side of train
510
Alighting after station is called but before train stops
512
Alighting where the station is called but the train stops before reaching it 3049 Crawling between two cars of a freight train in making exit from passe...
513
Passenger in alighting struck by engine or train on another track
514
Further of alighting passenger being run over on another track 3052 Alighting inside the turnloop of an electric railway 3053 Conduct of passenger ...
516
Questions of procedure in these cases ARTICLE VI FAILING TO PROTECT HIMSELF AGAINST DANGERS IN AND ABOUT PREMISES OF CA...
517
Negligence of carrier does not absolve passenger from duty of exercising care
519
Passenger getting hurt on carriers grounds
521
CHAPTER XCIII
528
Illustrations of the foregoing
534
CHAPTER XCIV
541
Caution required in the discharge of this duty
546
Not responsible for assaults the result of previous enmities
552
This duty extends to protecting passengers against the carriers
558
Confusing theories on this question
564
Power of station agents to establish regulations
567
Effect of the habitual violation of its rules by the carrier
568
Custom or usage created by course of conduct
569
VALIDITY OF VARIOUS POLICE REGULATIONS SECTION 3119 Regulations releasing carrier from the high degree of care imposed on him by
570
Separation of passengers according to
571
Classification of passengers according to color
572
Whether interstate carriers may make such classification 3123 This question how affected by the late Civil Rights
573
Statutory prohibition under which such separation unlawful 3125 Colored passenger entitled to equal accommodations with white passenger
575
Right of colored passenger to damages for the refusal of equal accommodations with white passengers 3128 Ejecting colored passengers from waitin...
576
Excluding runners peddlers hotel managers etc from carriers vehicles and premises
577
Excluding idlers hackmen etc from carriers premises 3131 Excluding drunken persons from platforms of street cars
579
Prohibiting passengers from riding on the platforms of the cars 3133 Preventing passengers from boarding trains while in motion 3134 Prohibiting p...
580
Validity of various regulations of steam railway carriers 3137 Regulations which have been held void
581
Interpretation of various regulations ARTICLE III REGULATIONS RESPECTING THE PURCHASE OF TICKETS AND THE PAYMENT OF FARE...
582
Regulations as to the exhibition and delivery of tickets
584
Requiring passengers to ex it tickets to gatekeeper 3144 Regulation requiring identification of purchasers of tickets 3145 Rights of passenger who has...
587
Rights of passenger where conductor has wrongfully taken up his ticket 3147 Expulsion of persons refusing to pay fare
589
REGULATIONS RESPECTING PASSENGERS ON FREIGHT
593
Rights of persons so boarding the freight train in case of a negli
597
Negligence and Other Torts of Street
854
3087 Duty to control or expel drunken dangerous or disorderly passen
1095
Statutory penalties in England for riding without paying fare 3149 Regulations as to mileage books 3150 Requiring passengers to procure stopover ti...
1101
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Página 272 - When carriers undertake to convey persons by the powerful but dangerous agency of steam, public policy and safety require that they be held to the greatest possible care and diligence.
Página 205 - There must be reasonable evidence of negligence; but where the thing is shown to be under the management of the defendant or his servants, and the accident is such as in the ordinary course of things does not happen if those who have the management use proper care, it affords reasonable evidence, in the absence of explanation by the defendants, that the accident arose from want of care.
Página 246 - It was their duty to require from the wagon company some distinct assurance that it had been thoroughly examined and repaired." The learned judge thought the last answer immaterial, and directed a verdict for the defendants, reserving leave to the plaintiff to move to enter a verdict for him for...
Página 185 - Every railroad company, as aforesaid, shall be liable for all damages inflicted upon the person of passengers while being transported over its road, except in cases where the injury done arises from the criminal negligence of the persons injured, or when the injury complained of shall be the violation of some express rule or regulation of said road actually brought to his or her notice.
Página 713 - In consideration of receiving this free pass, each of the persons named thereon, using the same, voluntarily assumes all risk of accidents, and expressly agrees that the company shall not be liable under any circumstances, whether of negligence of...
Página 593 - He must not only protect his passenger against the violence and Insults of strangers and co-passengers, but a fortiori against the violence and insults of his own sen-ants.
Página 246 - The jury answered the first question in the affirmative and the second in the negative.
Página 182 - It has been accordingly held that passenger carriers bind themselves to carry safely those whom they take into their coaches, as far as human care and foresight will go, that is, for the utmost care and diligence of very cautious persons, and of course they are responsible for any, even the slightest, neglect.
Página 577 - The carrier's obligation is to carry his passenger safely and properly, and to treat him respectfully; and if he intrusts the performance of this duty to his servants, the law holds him responsible for the manner in which they execute the trust.
Página 712 - That it is not just and reasonable in the eye of the law for a common carrier to stipulate for exemption from responsibility for the negligence of himself or his servants.

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