Dixon v. Northern Pacific Railway Co.

Citations

• 37 Wash. 310
• 68 L.R.A. 895
• 79 P. 943
• 1905 Wash. LEXIS 727

Syllabus

<p>Railroads — Brakemen — Authority — Wanton Ejection of Trespasser. A brakeman on a freight train acts within the scope of his authority in ejecting trespassers from the cars, and the company is liable for injuries resulting from the wanton and wilful act of the brakeman in so doing in an improper manner while the train, is in motion, without evidence -showing the brakeman’s authority. :</p> <p>Same — Evidence—Res Gestae. Where a trespasser, a hoy, was wrongfully ejected' from a train while in motion, his arm being, crushed under the wheels, his statement, upon being discovered five minutes thereafter, in great pain and crying, that the brakeman kicked him off the train, is admissible as part of the res gestae.</p> <p>Same — Hearsay Evidence. In such a case the statement of a stranger who witnessed the accident, made to the witness, is not admissible as part of the res gestae, being hearsay.</p>