Allison v. Chicago, Milwaukee & St. Paul Railway Co.

Citations

• 83 Wash. 591
• 145 P. 608
• 1915 Wash. LEXIS 718

Syllabus

<p>Railroads — Injuries at Crossings — Collision With Automobile —Contributory Negligence — Evidence—Sufficiency. The plaintiff was guilty of contributory negligence, as a matter of law, in running his automobile into a train on a spur track crossing a city street, in the nighttime, where it appears that the automobile was traveling fifteen miles per hour and could have been stopped within fifteen or twenty-five feet, that its headlights enabled the plaintiff to see an object within a radius of one hundred feet, which was the width of the street, that the train, with signal lights in view, was moving at about four miles an hour and was stopped before the collision within four feet, after having moved into the street sixty or seventy feet, and the box car first coming into the street was struck with great force by the automobile within eight feet of the front end of the car; since it is clear that the train came within the zone covered by the headlights and could or should have been seen by the plaintiff in time to have avoided the accident, when in fact, plaintiff did not see the train until the moment of the impact.</p>