Hanson v. Columbia & Puget Sound Railroad

Citations

• 75 Wash. 342
• 134 P. 1058
• 1913 Wash. LEXIS 1718

Syllabus

<p>Master and Servant — Injury to Servant — Assumption oe Risks —Incompetent Fellow Servant — Pleading. A complaint for the wrongful death of a switchman, thrown from the train by a sudden jerk through the incompetency of the engineer, does not show assumption of risks, or injury by the negligence of a fellow servant, where it alleges that the defendant knew and the deceased did not know of the engineer’s incompetency and that the sudden jerk causing the accident was by reason of his inexperience and incompetency.</p> <p>Same — Evidence—Admissibility. In an action for the death of a switchman thrown from the train by a sudden jerk, it is not error to admit in evidence a plate illustrating hand holds and grab irons upon cars according to Federal standards, although the action was not brought under the Federal liability act, where the jury were instructed that it was admitted .only to illustrate oral testimony.</p> <p>Same — Incompetent Fellow Servants — Notice — Question eor Jury. Whether a railroad company received a letter complaining of the incompeteney of an engineer, is for the jury where the company’s switch foreman testified as to the contents of the letter, which he placed upon a desk, the usual place for such complaints, the company having failed to produce the letter upon demand.</p> <p>Evidence — Letters—Contents. Whene the defendant, on demand, failed to produce a letter written to it, evidence of the contents of the letter is admissible.</p> <p>Witnesses — Examination—Hostile Witness. The examination of a hostile witness in the employ of the adverse party is largely within the discretion of the trial court.</p> <p>Master and Servant — Injury to Servant — Save Place to Work —Obstructions Near Tracks. It is negligence to maintain switch yard tracks in such close proximity to a pile of timbers on one side and the piling of an overhead bridge on the other side, as to render it dangerous for switchmen to ride on the side of the cars; and to maintain piles of