Berg v. Seattle, Renton & Southern Railway Co.

Citations

• 44 Wash. 14
• 87 P. 34
• 1906 Wash. LEXIS 780

Syllabus

<p>Master and Servant — Injury to Servant — Fellow Servants. The motorman and conductor on a street car are fellow servants of the motorman and conductor on another car of the same line going in the opposite direction, so that one cannot recover for injuries received in a collision through the neglect of the other to turn on the lights of a block system on entering the block, where it appears that the line was a single track line twelve miles long, with but a few cars in service, that the motormen were constantly meeting on schedule time fixed by the company and their duties were coordinate, so that they necessarily knew the character, habits, and capacity of each other, and so had opportunity of exercising mutual influence upon one another.</p> <p>Same — Negligence op Master — Appliances—Street Railway Block System. A charge of negligence, made hy a motorman against a street railway company for not maintaining a sufficient block system, is not sustained where the plaintiff testified that the collision would not have occurred if the motorman on the other car had obeyed the rules to turn on his lights before entering the block, and where the plaintiff had worked on the system for eighteen months and made no complaint of the system.</p> <p>Fullerton, Hadley, and Dunbar, JJ., dissenting.</p>