Averbuch v. Great Northern Railway Co.

Citations

• 55 Wash. 633
• 104 P. 1103
• 1909 Wash. LEXIS 814

Syllabus

<p>Railroads — Accident at Crossing — Look and Listen — Contributory Negligence — Question for Jury. The evidence does not show as a matter of law that plaintiff, injured at a railroad crossing, could have seen an approaching engine if he had looked, from the fact that photographs, taken long after the accident, and other evidence of the defendant so indicates, where there was a sharp conflict in the evidence on that point, disinterested witnesses at the time of the accident supported plaintiff’s contention that obstacles cut off his view, and the jury, after a view of the premises, found for the plaintiff.</p> <p>Same — Evidence—Sufficiency. The plaintiff, injured while driving a delivery wagon across two railroad tracks, is not guilty of negligence in not stopping a second time to look and listen after he got onto the tracks, where it appears that he stopped as near the tracks as possible and looked and could see or hear no train, whistle, or bell, that he could see a distance of 175 to 250 feet down the track, and had but 35 or 40 feet to drive; that he was driving at about 4 miles an hour, and if the engine had not exceeded the speed limit •of six miles, he could have crossed in safety, and could have heard ■a signal had one been given by an engine within striking distance.</p> <p>Same — Trial—Instructions. An instruction is not objectionable as stating that the pleadings admitted that obstructions obscured ■the view down a railroad track, where it simply stated that it was admitted that the tracks crossed a street used by the public, and that the crossing was dangerous because of its proximity to business ■interests.</p> <p>Appeal and Error — Review—Harmless Error — Trial—Instructions. In an action against a railroad company and its engineer, to recover for personal injuries sustained at a railroad crossing, it is not prejudicial to give an instruction to the effect that both defendants would be liable for any negligence by the engineer, where there was no ques