Owen v. Washington & Columbia River Railway Co.

Citations

• 29 Wash. 207
• 69 P. 757
• 1902 Wash. LEXIS 577

Syllabus

<p>CARRIERS-INJURY TO PASSENGERS-DUTY TO LIGHT DEPOT PREMISES. ;</p> <p>A railroad company cannot excuse its failure to comply with its primary dut'y to properly light its depot premises by showing that it had procured the city to maintain lights in the vicinity, and that the unlighted condition of the premises at the time of an accident was due to the fact that the city lights suddenly and unexpectedly went out.</p> <p>SAME-CONTRIBUTORY NEGLIGENCE-ALIGHTING ON SIDE OPPOSITE PLATFORM.</p> <p>It is not negligence per se for a passenger to get off a train on the side opposite the platform, but such fact is a question for the jury, to be considered in connection with the circumstances of the particular case.</p> <p>SAME-NON-SUIT.</p> <p>In an action to recover damages for injuries resulting from defendant’s negligence in failing to properly light its depot premises, the refusal to grant a non-suit was proper, where the evidence showed that plaintiff was ninety-one years of age, that he got off the car on the side opposite the platform on the suggestion of the conductor, that he objected that there was no platform there and was directed by the conductor how to reach the platform from that point, that he started down the yard to get around the train and became lost in the darkness, that he came to a platform, crawled upon it, and was feeling his way along it, when he fell over the edge and received the injuries complained of.</p>