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R.T. McFerrin was killed when a train hit him while he crossed the railroad tracks. The fireman of the train testified that R.T. failed to stop but merely slowed down and then drove onto the crossing. During trial, Mrs. McFerrin testified, over the objection of D, that on occasions when she was in the car with her husband, that he never crossed the R.R. crossing without first stopping the car and looking and listening for trains.

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