Curtis v. Oregon Railroad & Navigation Co.

Citations

• 36 Wash. 55
• 78 P. 133
• 1904 Wash. LEXIS 514

Syllabus

<p>Railroads — Crossings—Killing Stock on Track — Wanton Neglect — Contributory Negligence — Evidence — Sujttciency. In an action for the negligent and wanton killing of stock upon a railroad crossing, there was sufficient evidence to require the questions of negligence and wantonness and contributory negligence to be submitted to the jury, where it appears that the plaintiff and an assistant were driving a band of eighty-six cattle across defendant’s railroad tracks at a point where grade approaches were made and gates maintained after the filling in of a trestle (one gate being five hundred feet down the track from the other), that the plaintiff thought the train had gone by and looked and saw no train before opening the gates; that when the cattle were in the act of crossing the track, a passenger train came around a curve 1950 feet distant, at a high rate of speed, and no whistle was sounded, and no bell was rung until just before striking the cattle, after which the train ran two hundred yards before stopping, although there was a direct conflict as to the distance and the ability of the men to stop the train.</p> <p>Railroads — Licensee oe Trespasser on Track — Private Crossing — Evidence—Sufficiency. In an action for the killing of stock upon a railroad track, it is a question for the jury whether the plaintiff was a trespasser, or licensee, where it appears that the track was originally built on a trestle, that a private crossing under the trestle was used for a long time, that, upon filling in the trestle, grade approaches were built and gates maintained, and used for crossing the track, and the plaintiff was driving a band of cattle through the gates and across the track at such point at the time they were struck.</p> <p>Same — Duty to Licensee and Trespasser. In the case of a licensee upon a railroad track, the duty of the company is to exercise reasonable care in looking out for and avoiding injury to him; and in the case of a trespasser, the duty is to