Fischer v. Columbia & Puget Sound Railroad
Citations
- 52 Wash. 462
- 100 P. 1005
- 1909 Wash. LEXIS 1140
Syllabus
<p>Carriers — Of Passengers — Persons Riding on Engine — Authority op Engineer — Contributory Negligence. Where a freight train is in charge of a conductor, and has in it a caboose for the carriage of passengers, one who rides upon the engine at the invitation of the engineer and without the knowledge of the conductor is guilty of contributory negligence and is not a passenger, although he rode there for fear he would not have time to board the caboose before the train started; as it is not within the scope of the engineer’s authority to consent to carry passengers on the engine, and a man of mature years must take notice of that fact and of the impropriety of riding there.</p>
Judges: Gose
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