Holland v. Northern Pacific Railway Co.

Citations

• 55 Wash. 266
• 104 P. 252
• 1909 Wash. LEXIS 745

Syllabus

<p>Railroads — Accident at Crossing — Negligence—Failing to Signal at Crossing — Evidence—Sufficiency. In an action for injuries sustained by one driving in a buggy and struck by a passenger train at a crossing, there is no sufficient evidence of negligence or that the bell was not rung or the whistle blown, and a verdict for defendant is properly directed, where it appears from the plaintiffs testimony that when she stopped at the crossing to look and listen, the wind was blowing such a gale in the direction of the train and raising such clouds of dust that “you could not see or hear,” and the only other evidence on the subject was that of a passer-by, half a mile distant, who was paying no attention to the train, and who testified that he did not hear the whistle; negligence in failing to whistle or ring the bell not being presumed and depending on the circumstances of each case.</p>