Cook v. Stimson Mill Co.

Citations

• 36 Wash. 36
• 78 P. 39
• 1904 Wash. LEXIS 510

Syllabus

<p>Evidence — Admissions of Agent — Res Gestae — Incompetency of Servant. In an action for personal injuries sustained through the alleged incompetency of the engineer in charge of the defendant’s train, the declarations of defendant’s superintendent, who was not at the scene of the accident, made the day after, reflecting upon the engineer’s competency, are inadmissible and not binding upon the defendant, since they are not part of the res gestae.</p> <p>Master and Servant — Negligence—Railroad Wreck — Proximate Cause — Logging Train Colliding With Cows — Question for Jury. In an action for personal injuries sustained in a collision of a logging train with cows on the track, upon rounding a curve at the end of a down grade, the questions of plaintiff’s contributory negligence and assumption of the risks in riding on the engine, and whether the presence of the cows was the proximate cause of the injury, are for the jury, where the evidence was conflicting as to the competency of the engineer, the sufficiency of the equipment, and as to the negligence of the trainmen in permitting the train to get beyond their control.</p>