Imler v. Northern Pacific Railway Co.

Citations

• 89 Wash. 527

Syllabus

<p>Railroads' — Licensee on Track — Duty of Company. A railroad company owes the duty to a licensee walking upon a track pursuant to an established custom to keep a reasonable lookout in advance, and a reasonable effort to avoid injury after discovering his presence on the track.</p> <p>Same — Licensees—Double Track — Running Against Traffic. A railroad company’s duty to a licensee upon the track to keep a reasonable lookout and make reasonable effort to avoid injury after discovering his presence does not require the company to run its trains on a double track in the customary direction, and such a licensee may not assume without looking that trains will not be run “against traffic.”</p> <p>Same — Licensees—Negligence—Failing to Discover Presence. Where a licensee was not shown to have been walking on the track, and may have stepped from the right of way directly in front of the engine, negligence in failing to discover his presence cannot be imputed to the engineer from the fact that he had an unobstructed view of the track.</p>