Collier v. Great Northern Railway Co.

Citations

• 40 Wash. 639
• 82 P. 935
• 1905 Wash. LEXIS 1041

Syllabus

<p>Railroads — Negligence—Defective Tracks — Ownership—Other Railroad. Where two railroad companies own parallel tracks along a city street, each making occasional use of the tracks of the other for the purpose of switching cars, the duty to keep the tracks in safe condition for public travel devolves upon the party having dominion and control over them; and one company is not liable while thus using the tracks of the other for the results of a collision with a wagon, not due to want of care on its part, but to the defective condition of the tracks of the other company.</p> <p>Appeal — Review—Questions Determined. In an action for negligence in the maintenance of railroad tracks, where the evidence as to the nature of the defect is not brought up on appeal, the supreme court cannot determine the applicability of Laws 1899, p. 49, requiring railroads to adopt certain precautionary measures in the care of its tracks.</p> <p>Pleadings — Answer—Admissions. Where two railroads owned tracks on a certain street and the complaint alleged that one company operated trains at a certain point on the east side of said street, an answer denying all the allegations of the complaint except that the company operated trains on said street, does not admit that it operated trains on the tracks of the other company.</p>