Olson v. Payne

Citations

• 116 Wash. 381
• 199 P. 757
• 1921 Wash. LEXIS 952

Syllabus

<p>Railroads (86)-—Persons On or Near Tracks—Contributory Negligence of Person Injured. A boy twelve years of age and of average intelligence and experience was guilty of contributory negligence as a matter of law, where it appears that he had lived near railroad tracks and was conversant with the dangers through frequent warning by his parents, and was struck by the side of the engine or the first car of a train, while he was walking alongside of the track, the noise of the engine in laboring to draw a long train around a curve and to pick up speed being sufficient to apprise him of its approach.</p> <p>Same (82)—Injury to Persons On or Near Tracks—Proximate Cause. The last clear chance doctrine is inapplicable in the case of a naked licensee on or near railroad tracks, where his presence was not known by persons on the engine causing his injuries, and his own negligence had not ceased but was continuing.</p>