Moore v. Great Northern Railway Co.

Citations

• 58 Wash. 1
• 107 P. 852
• 1910 Wash. LEXIS 876

Syllabus

<p>Railroads—Crossings—Defects — Death — Cause — Evidence— Sufficiency. The evidence is insufficient to show that the death of a drayman, who fell from his wagon and was killed while driving across a railroad track, was due to a defective crossing, because too narrow 'and the rails too high and liable to cause the wagon to slew to one side when crossing at an angle, where it appears that the crossing was fourteen feet wide, that there was no occasion for the drayman to drive across at an angle, and that he had attempted to cross the track a few feet east of the crossing prepared by the railroad company; there being no liability where one negligently turns aside from a crossing prepared and uses another way.</p>