Brandt v. Northern Pacific Railway Co.

Citations

• 105 Wash. 138
• 177 P. 806
• 1919 Wash. LEXIS 576

Syllabus

<p>Railroads (66, 67, 71)—Accidents at Crossings—Contributory Negligence—Duty—Obstructed View—Question eor Jury. Deceased was not guilty of contributory negligence, as a matter of law, in driving an auto truck upon a railroad crossing, upon the theory that a person who has exercised some degree of care in apprising himself of the approach of a train has a right to assume that any approaching train is operating at a lawful speed, and the question is for the jury, where it appears that his view on approaching was obstructed and that he looked first in one direction and then in the other, failing to see the train, and there was evidence from which the jury may have found that he might have seen the approaching train if it had been running at a lawful rate of speed, or had warning been given, and that no bell or whistle was sounded until it was too late for him to stop the auto. .</p>