Merwin v. Northern Pacific Railway Co.

Citations

• 68 Wash. 617
• 123 P. 1019
• 1912 Wash. LEXIS 1340

Syllabus

<p>Railroads — Accident at Crossing — Contributory Negligence of Teamster — Question for Jury. The contributory negligence of a. teamster in driving across railroad tracks at a much used city crossing is for the jury, where it appears that he waited at the first track for the passage of an east-bound train approaching on that track, and while waiting looked east for west-bound trains approaching on the other tracks, having an unobstructed view for 1,500 or 2,000 feet, and saw no trains, and that, after passage of the train, he immediately started to drive across the tracks, when he was struck by a west-bound train running thirty-five or forty miles an hour, the city speed limit being 20 miles, and which was obscured by the first passing train, but could have been seen if the plaintiff had waited until the passing train had run its length or a little more, it being probable that he could have passed in safety if the speed limit had not been exceeded.</p> <p>Same — Speed Limit — Knowledge of Plaintiff. The fact that the plaintiff had “sometimes” seen trains exceeding the speed limit at the crossing, or that there was no evidence that he had actual knowledge of the speed limit ordinance, does not affect his right to have the jury instructed that he might assume that the trains would not exceed the city speed limit.</p>