Boucher v. Oregon Railroad & Navigation Co.

Citations

• 50 Wash. 627
• 97 P. 661
• 1908 Wash. LEXIS 796

Syllabus

<p>Master and Servant — Contributory Negligence — Operation of Trains — Failure to Observe Rules. Where a freight train was overtaken and run into by another train, the conductor of the first train is guilty of contributory negligence, precluding any recovery for injuries sustained in the collision, where it appears conclusively that his train was delayed, that he failed to observe the rules of the company for the protection of his train under the circumstances of the case, either in spirit or letter, and that had he done so the accident would not have occurred.</p> <p>Appeal and Error — Review-—Verdict. The verdict of a jury is not binding on questions of fact where it is not consistent with the •special findings and such findings are not consistent with themselves.</p> <p>Same — Special Findings — Consistency—Master and Servant— Contributory Negligence — Operation of Trains. In an action by a conductor for injuries sustained in a rear end collision, a special finding of the jury that his train was delayed in the run from W. ■to R. under circumstances which should have caused him to apprehend that it might have been overtaken by another train, is inconsistent with a special finding that the speed of the train was not so reduced running up grade from S. to K. as to endanger his train and the circumstances were not such “during any part of this run between such points” as should have caused him to take certain precautions, the same being prescribed by the rules of the company under the circumstances found by the first special finding; and a general verdict inconsistent with the first finding will not be sustained when contrary to the undisputed testimony as to the conductor’s negligence in not observing the precautionary rules.</p>