Lantern!
At the trial, the engineer insisted that he had given the driver ample warning by waving his lantern back and forth for nearly a minute. He even stood and convincingly demonstrated how he'd done it.
The court believed his story, and the suit was dismissed. 'Congratulations,' the lawyer said to the engineer when it was over. 'You did superbly under cross-examination.'
'Thanks,' he said, 'but he sure had me worried.'
'How's that?' the lawyer asked.
'I was afraid he was going to ask if the damned lantern was lit!'
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