Cooney v. Great Northern Railway Co.

Citations

• 9 Wash. 292
• 37 P. 438
• 1894 Wash. LEXIS 298

Syllabus

<p>MASTER AND SERVANT — INJURY TO EMPLOYE —EVIDENCE —NON-SUIT.</p> <p>The plaintiff in an action for damages for injuries received through defendant’s negligence should be non-suited when the evidence shows that plaintiff was a section hand working for defendant, that he with others had been ordered to repair to a certain railroad crossing at three o’clock in the morning to unload rails from a train that would arrive there, that they were proceeding there at the appointed time upon a hand car, and could see the headlight of the engine to the train when a mile and a half from the crossing, that the train started up without sounding a bell or whistle, and, coming down grade noiselessly at the rate of three or four miles an hour, collided with the hand car, resulting in plaiutiff’s injury. (Dunbar, C. J., and Scott, J., dissent.)</p>