Anderson v. Northern Pacific Railway Co.

Citations

• 19 Wash. 340
• 53 P. 345
• 1898 Wash. LEXIS 376

Syllabus

<p>APPEAL — BRIEFS—ALTERING STATEMENT AFTER SETTLEMENT — NEGLIGENCE — DANGEROUS PREMISES —TRESPASS.</p> <p>A brief filed irregularly and out of time by one not an attorney of record in the case will be stricken from tbe files.</p> <p>Where a statement of facts as filed, served and settled, contained an exception to an erroneous instruction, and it was a disputed question as to whether the exception had been taken, the action of the court in granting a motion several months after settlement to strike the exception was unwarranted, when there was no showing of fraud respecting the insertion of the exception.</p> <p>One who goes upon the land of another on a dark and stormy night, with knowledge of an exposed pit thereon, and is injured by falling into the pit, which was located at a point more than fifty feet from the customary path across the premises, is chargeable with such negligence as to bar recovery on his part.</p> <p>Proof that plaintiff’s intestate was found at the bottom of a pit five feet deep, on the morning following a dark and stormy night, severely injured (apparently by a fall), and unconscious, dying shortly after as a result of his injuries, and there was blood upon one of the stone walls of the pit, where his head had evidently struck, is sufficient, after verdict, to establish the fact that his death was caused by falling into the excavation.</p> <p>One who goes upon the land of another after notice to keep off, is a trespasser, regardless of the purpose for which the notice was given, as such notice is sufficient to rebut any presumption of license.</p>