Herrman v. Great Northern Railway Co.

Citations

• 27 Wash. 472
• 57 L.R.A. 390
• 68 P. 82
• 1902 Wash. LEXIS 415

Syllabus

<p>APPEAL-TWO STATEMENTS OF FACT-CERTIFICATION OF BOTI-I.</p> <p>Where a statement of facts proposed by appellant and an amended statement proposed by respondent, are certified by the trial court as together containing the matters and proceedings occurring in the cause, the supreme court will treat the combined statements as constituting properly a part of the record, especially when no objection was made in the court below against both proposed statements being made a part of the record.</p> <p>SAME-SUFFICIENCY OF EVIDENCE TO SUPPORT VERDICT.</p> <p>Where the testimony is conflicting, the verdict of the jury should not be disturbed, unless it appears that the court has submitted the case under instructions which embody an erroneous view of the law.</p> <p>CARRIERS SALE OF TICKETS BY BROKER UNSAFE APPROACHES TO TICKET OFFICE LIABILITY OF CARRIER BURDEN OF PROOF- — -INSTRUCTIONS.</p> <p>In an action by an intending passenger to recover damages for injuries received because of the defective condition of depot grounds, where the evidence showed that the ticket agent was not the employee of defendant, but of another company' who owned the premises, an instruction that a railway company which places its tickets in the hands of another for sale would not necessarily be required to keep the premises where such persons might conclude to sell such tickets, or the approaches to such places, in repair, was erroneous, on the ground that it placed the burden upon the ticket purchaser to first ascertain whether he was dealing with a broker or with an agent of defendant, before he might assume that defendant was bound to furnish a safe approach to and from its depot.</p> <p>SAME-UNION DEPOT GROUNDS- USE BY CARRIER-LIABILITY FOR UNSAFE APPROACHES.</p> <p>A railway company which uses and occupies premises for depot purposes is not relieved from liability for the unsafe condition of the approaches to such premises by the mere fact that another may own and control the depot grounds.</