Anderson v. Seattle-Tacoma Interurban Railway Co.

Citations

• 36 Wash. 387
• 78 P. 1013
• 1904 Wash. LEXIS 568

Syllabus

<p>Railroads — Dangerous Premises — Right of Way — Negligence —Injury to Ejected Passenger on Right of Way — Trespasser. Where a passenger is wrongfully ejected from a train four miles from the city, he is not a trespasser in walking hack to town on the right of way, and he does'not assume the unusual risk of danger of contact with an unprotected electrically charged third rail, of which he was not warned and had no notice.</p> <p>Same — Negligence and Contributory Negligence — Evidence— Sufficiency — Question for Jury. In an action for personal injuries sustained by a passenger after being wrongfully ejected from a train, by reason of coming in contact with an electrically .charged “third” rail while he was walking back along the right of way, the negligence of the railroad company, and contributory negligence of the plaintiff, is for the jury, and it is error to direct a non-suit, where it appears that the power was carried in an electrically charged unprotected third rail, laid along the ground, and having the appearance of an ordinary rail, that plaintiff was ejected at night at a station four miles from the city, without any notice or warning of the danger, that the road had been open for travel only about one week, and plaintiff did not know that the rail was electrically charged or dangerous, and did not see the warning signs posted at the station, on account of the darkness, and was unfamiliar with the highways in the locality, and his business required an immediate return.</p>