Delbosco v. Northern Pacific Railway Co.

Citations

• 107 Wash. 216
• 181 P. 683
• 1919 Wash. LEXIS 1003

Syllabus

<p>Railroads (53)—Injury to Trespassing Boy on Cabs — Negligence. It is not negligence for a railroad company to fail to detect a trespassing hoy boarding a car in an unfenced switch yard frequented by children, where his presence was not known to the train crew and efforts had been made by way of warning and arrests to deter this form of trespass.</p> <p>Same (56)—Injuries to Trespassers—Issues, Proof and Variance. Under a complaint for injuries, sustained by a boy of nine trespassing by boarding a train in an unfenced switch yard, alleging negligence in failing to warn or object to children on its right of way and in starting the train after seeing the boy take hold of a car to board it, it is error to admit evidence of the violation of a city ordinance requiring the defendant to fence its yards.</p>