Craig v. Great Northern Railway Co.

Citations

• 56 Wash. 640
• 106 P. 155
• 1910 Wash. LEXIS 862

Syllabus

<p>Master and Servant — Negligence of Master — Defective Brakes — Proximate Cause — Contributory Negligence. The conductor of a street car, injured in a collision at a railroad crossing, is guilty of contributory negligence which is the proximate cause of the accident, where it appears that he and the motorman knew that the brakes on a large suburban car were out of order and would not stop the car readily, that he permitted the motorman to approach the railroad crossing at a speed of thirty miles an hour until within seventy-five feet of the crossing without making any effort to reduce the speed, although he had power to control the car by signals, and knew the location, in violation of the rule against crossing without coming to a stop and going ahead to see if the crossing was clear.</p> <p>Same — Fellow Seevants. In such a case, if the negligent rate of speed was the fault of the motorman, it was the act of a fellow servant, precluding any recovery by the conductor.</p> <p>Dunbar and Parker, JJ., dissent.</p>