Kent v. Walla Walla Valley Railway Co.

Citations

• 108 Wash. 251
• 183 P. 87
• 1919 Wash. LEXIS 847

Syllabus

<p>Railroads (61, 71)—Accident at Crossing—Negligence—Failure to Signal—Evidence—Question for Jury. The positive testimony of witnesses that a crossing whistle was given by an interurban car does not, as a matter of law, overcome evidence of witnesses who could have heard the signal if it had been given and who testified that they heard none.</p> <p>Same (64-66) —Contributory Negligence — Question for Jury. The driver of an automobile is not guilty of contributory negligence, as a matter of law, in failing to stop before driving across an interurban track, where he both looked and listened, his car was making very little noise, his view was obstructed, and when the train first came in view, he was so close to the track as to be unable to stop in time to avoid the collision.</p>