Golay v. Northern Pacific Railway Co.

Citations

• 105 Wash. 132
• 177 P. 804
• 1919 Wash. LEXIS 575

Syllabus

<p>Railroads (66, 67)—Accidents at Crossings—Contributory Negligence—Duty—Obstructed View. Plaintiff was guilty of contributory negligence as a matter of law, in driving his automobile upon a railroad crossing, on the theory that a person taking no precautions is not entitled to any presumption that a train was not exceeding the speed limit, where he was familiar with the situation and train schedule, and only listened momentarily before nearing the crossing, his vision on approaching was obstructed by a freight car on a side track, and he drove in low gear past the obstruction without looking until upon the track, when others in no better position by looking saw the train (Main, C. J., and Mitchell, J., dissenting).</p>