Birrell v. Great Northern Railway Co.

Citations

• 61 Wash. 336
• 112 P. 362
• 1910 Wash. LEXIS 1342

Syllabus

<p>Master and Servant — Injury to Servant — Railway Yards — Contributory Negligence — Evidence — Sueeioiency. A dining car conductor is guilty of contributory negligence, precluding any recovery for his death, where it appears that he was familiar with the situation in a passenger yard where trains were constantly moving, and in the nighttime left a well known path between tracks, six feet wide from tie to tie, making a safe space of six feet, and took a walk along the edge of a swamp near the outer ties, where the safe space was only two and one-half feet, and was in consequence struck and killed by a switch engine.</p>