McHugh v. Northern Pacific Railway Co.

Citations

• 32 Wash. 30
• 72 P. 450
• 1903 Wash. LEXIS 371

Syllabus

<p>MASTER AND SERVANT-TORTS OE SERVANT-JOINT LIABILITY.</p> <p>An action for tortious negligence may he maintained against the master and his employee jointly, where the injury was caused hy the act of the latter (Howe v.' ’Northern Pacific Ry. Go., 30 Wash. 569, followed).</p> <p>RAILROADS-INJURY TO EMPLOYEE-CONTRIBUTORY NEGLIGENCE.</p> <p>In an action hy a railway employee against the company to recover for injuries recovered hy being struck hy a fast passenger train while riding upon a hand-car a nonsuit was proper, when it appeared that the accident happened near a small station at which this train did not stop, but was accustomed to go hy at full speed; that the plaintiff had worked for the company at that point for four years and knew the train was due and would pass at full speed; and that prior to the accident he was not looking and listening for it, and failed to notice the headlight until he was struck; there being no positive evidence that the whistle and hell were not sounded as was customary, hut merely that the witnesses did not hear them.</p>