Dotta v. Northern Pacific Railway Co.

Citations

• 36 Wash. 506
• 79 P. 32
• 1904 Wash. LEXIS 583

Syllabus

<p>Railroads — Negligence—Right of Way- — Injury to Pedestrain on Trestle — When a Trespasser. Where railroad companies constructed a trestle over the tide flats, for a side and storage track, upon which no planks were laid for foot passengers, and which was unusually narrow and with gaps at the sides hy reason of missing ends of ties, so that it was difficult of passage and seldom used when cars were stored thereon, although such track furnished a convenient way from a city street to the manufacturing plants on the water front, and was, when not obstructed by ears, extensively used for that purpose without any objection being made by the railroads, a right of way along the track is not acquired by user, and one who attempts to use it while occupied by cars, which he tries to pass, is a trespasser; and when such person is injured before being discovered by trainmen coupling the cars, the company is not laible for failure to keep a lookout, as for a licensee, and a nonsuit is properly directed.</p> <p>Same — Doctrine of Last Clear Chance. In such a case the doctrine of the “Last clear chance” has no application since the defendants had no knowledge that movement of the cars would result in injury to the plaintiff.</p>