Prall v. Great Northern Railway Co.

Citations

• 105 Wash. 24
• 177 P. 637
• 1919 Wash. LEXIS 499

Syllabus

<p>Master and Servant (55, 155)—Injuries—Operation of Railroads—Imputed Negligence—Contributory Negligence. Negligence cannot be imputed in the sending of a brakeman hack to protect the rear of a train from the fact that trains were expected from both directions; and the statement to him that the west-bound train might be the first to arrive did not warrant him in failing to protect himself against trains coming from the other direction.</p> <p>Same (192)—Injuries—Evidence—Cause of Death—Conjecture. No recovery can be had for the death of a brakeman, sent back to protect the rear of a train, trains being expected from both directions, where there was no eyewitness to the accident and the cause of the death was left entirely to speculation and conjecture.</p>