Papoutsikis v. Spokane, Portland & Seattle Railway Co.

Citations

• 89 Wash. 1
• 153 P. 1053
• 1915 Wash. LEXIS 1165

Syllabus

<p>Master and Servant — Injury to Servant — Negligence — Violation op Rules — Evidence—Sufficiency. It is a question for the jury to determine whether a section foreman was guilty of negligence in entering a curved cut with a hand car at the rate of twenty miles an hour, under the company’s rule to approach with great caution, keeping a lookout for trains, and sending a man ahead if the view is not clear, where it appears that the curve was not a sharp one, and the cut was- not so deep as to obscure the view of the smoke of an approaching train, and within the curve there was a view from the center of the track for one thousand feet ahead.</p> <p>Same — Negligence—Contributory Negligence — Evidence—Sufficiency. The fact that a section man was hurt when a hand car was stopped to avoid collision with a train is not evidence of negligence on the part of the foreman in charge of the car, especially where there was evidence that he jumped off needlessly and was the only man injured; since the jury might have found that he alone was negligent.</p> <p>Appeal — Preservation of Grounds — Exceptions. Error cannot be predicated on misconduct of counsel in argument to the jury, in the absence of any exceptions thereto at the time.</p>