Aurelio v. Puget Sound Electric Railway

Citations

• 80 Wash. 480
• 141 P. 1030
• 1914 Wash. LEXIS 1331

Syllabus

<p>Railroads—Negligence—Accidents at Crossings—Contributory Negligence—Question for Jury. The negligence of a motorman of an interurhan train in colliding with a load of wood at a private farm crossing, and the contributory negligence of the driver of the team, are questions for the jury, where there was evidence that the train was running at the rate of fifty miles an hour when the motorman first saw the horses coming into view up a steep grade, about ten feet distant from the track, he being able to see the team before the driver could see the train, that, before reaching the foot of the grade, the driver went ahead, and with a view of the track for about 2,500 feet, could not see or hear any train, and at once started to rush the team across, and looking a second time, when his horses had about crossed, saw a car approaching from five to six hundred feet away, that the train caught the rear wheels of the wagon and stopped after running about 300 feet, and could have been brought to a stop within 800 to 1,000 feet if running at 50 miles per hour.</p>