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<p>It is true that if any crewmembers admitted to having been negligently distracted when the woman was hit, it will harm the railroad's defense.  </p><p>However, a much greater harm to that defense may have been done by members of that crew or of other crews if they were aware that the public had established a frequently used crossing at that one particular point, and yet did not pass this information up to their supervisors.  Or if the supervisors had learned of the frequently used crossing and did nothing to eliminate its use, then they will have harmed the railroad's defense.  In this specific aspect, the fact that the crossing was illegal and amounted to trespass is beside the point.  </p>
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