Crow v. Northern Pacific Railway Co.

Citations

• 45 Wash. 605
• 88 P. 1022
• 1907 Wash. LEXIS 522

Syllabus

<p>Master and Servant — Injury to Servant — Railroads—Collision — Defective Appliance. A railroad company is guilty of negligence rendering it liable to its employee injured through, a collision, where the whistle on the engine backing the train around a sharp curve where the view of the track was obstructed, was, to the company’s knowledge, out of repair and could not be heard any distance, while if in repair it could have been heard from two to five miles.</p> <p>Same — Contributory Negligence — Compliance With Commands. A brakeman on a freight train is not guilty of contributory negligence in proceeding to a siding without sending out a flag to protect the train, as required by the printed rules of the company, where he was acting under an express command of the conductor so to do, and had no opportunity to carry out the rules.</p>