Miller v. Great Northern Railway Co.

Citations

• 105 Wash. 349
• 177 P. 799
• 1919 Wash. LEXIS 573

Syllabus

<p>Appeal (465)—Review—Harmless Error—Instructions—Cuke by Verdict. In an action brought for wrongful death under the Federal liability act, an instruction that contributory negligence would be a defense is harmless error, where there was no evidence of negligence to sustain any verdict for the plaintiff and the jury found for the defendant.</p> <p>Master and Servant (55)—Negligence—Operation of Railroads—Lookout—Evidence—Sufficiency. In an action under the Federal liability act for the wrongful death of an employee, struck by a train pulling into a station, there was no evidence of negligence in the failure of the train crew to keep a lookout for the deceased, where the undisputed testimony shows that the engineer on the train kept a lookout except for two or three times when he pulled his head into the cab because of snow flurries, and the fireman had his head out of the cab all of the time and kept a constant lookout; especially where there was nothing to indicate that failure to keep a lookout was the proximate cause of the death.</p>