Having, as he said, indicated the outline of his argument, Ford said that he would pass to a second proposition; namely, that the motion must be granted for another reason. In stating this reason, Ford used the phrases, "trespass" and "contributory negligence," and these phrases had a sound even more ominous than the phrases "proximate" and "act of God." Ford declared that the railroad yards were the property of the railroad company, and therefore not a thoroughfare, and that Koerner, in walking through them, was a trespasser. The fact that Koerner was in the employ of the railroad, he said, did not give him the right to enter in and upon the yards--he had the lawyer’s reckless extravagance in the use of prepositions, and whenever it was possible used the word "said" in place of "the"--for the reason that his employment did not necessarily lead him to said yard and, more than all, when Koerner completed his labors for the day, his right to remain in and about said premises instantly ceased. Therefore, he contended, Koerner was a trespasser, and a trespasser must suffer all the consequences of his trespass. Then Ford began to use the phrase "contributory negligence." He said that Koerner had been negligent in continuing in and upon said premises, and besides, had not used due care in avoiding the ice and snow on and about said frog; that he had the same means of knowing that the ice was there that the railroad company had, and hence had assumed whatever risk there was in passing on and over said ice, and that then and thereby he had been guilty of contributory negligence; that is, had contributed, by his own negligence, to his own injury. In fact, it seemed from Ford’s argument that Koerner had really invited his injury and purposely had the switch-engine cut off his leg. "These, in brief, if the Court please," said Ford, who had spoken for an hour, "are the propositions I wish to place before your Honor." Ford paused, drew from his pocket a handkerchief, pressed it to his lips, passed it lightly over his forehead, and laid it on the table. Then he selected a law-book from the pile and opened it at the page his clerk had marked with a slip of paper. Sharlow, knowing what he had to expect, stirred uneasily and glanced at the clock.