McConkey v. Oregon Railroad & Navigation Co.

Citations

• 35 Wash. 55
• 76 P. 526
• 1904 Wash. LEXIS 413

Syllabus

<p>Railroads — Licensee on Track — Bridge Made Dangerous by Repairs — Duty of Railroad Company. Although a railroad company has permitted its bridge to be used as a thoroughfare by pedestrians, it is not liable to a person using the same for his own convenience, for injuries sustained hy reason of a hole thirty inches wide left by the company while repairing the bridge, since such defect does not create a concealed danger, and the company’s liability to mere licensees is limited to avoiding wilful wrong and wanton carelessness.</p> <p>Sam:e — Walking on Railroad Bridge at Night — Contributory Negligence. A licensee upon a railroad bridge who was injured by falling through a hole, was guilty of contributory negligence as a matter of law in undertaking to walk thereon in the night, where the ties were some inches apart and it was so dark that he could not see the ties or the hole.</p>