Pearson v. Northern Pacific Railway Co.

Citations

• 72 Wash. 8
• 129 P. 573
• 1913 Wash. LEXIS 1393

Syllabus

<p>Master and Servant — Injury to Servant — Safe Place — Negligence — Evidence—Sufficiency. Evidence that an employee on a box car on a side track fell when “the roof felt like it went out,” that something hit the car and what he was standing on “went out,” and that an engine kicking cars might have hit it, and of another witness that something hit the train and jarred it, is not sufficient evidence to sustain a recovery on the theory that the box car was violently hit by an engine, there being no evidence that any engine was in the vicinity; since recovery cannot be based on speculation and conjecture (Fullerton, J., dissenting).</p>