Engelsen v. Spokane, Portland & Seattle Railway Co.

Citations

• 79 Wash. 39
• 139 P. 599
• 1914 Wash. LEXIS 1127

Syllabus

<p>Railroads — Injuries to Persons Near Tracks — Construction— Negligence. Negligence cannot be predicated upon the mere construction of a railroad upon a county highway, which is permitted by Rem. & Bal. Code, § 8740.</p> <p>■Same — Injuries to Persons Near Tracks — Bloyhng Whistle— Negligence — Evidence-—Sueeiciency. No negligence is shown in the blowing of a whistle, whereby a horse on the highway was frightened and ran away, where it appears that the whistle was blown just before reaching a railroad bridge, pursuant to a rule of the company, that the engineer did not see the horse, which did not, in any event, become frightened until the whistle was blown, and it does not appear that the whistle was different from other whistles on railroad engines.</p>