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· 1/7/1920

Pridmore v. Northern Pacific Railway Co.

Citations

  • 109 Wash. 305
  • 186 P. 862
  • 1920 Wash. LEXIS 895

Syllabus

<p>Railroads (34)—Liability—Maintenance of Overhead Crossings —Statutes. Under Rem. Code, § 8733-5, providing that the framework and abutments of an overhead highway and railway crossing shall be maintained by the railway company, and the roadway thereover and the approaches by the county or municipality, everything above the framework and abutments would be part of the roadway, and the railway company would not be responsible for a defective bulkhead or railing above the planking of the roadway.</p> <p>Same. In such a case, if the curve was dangerous, there could he no recovery against the railway company, since the danger would depend upon protection by a barrier or guard-rail.</p>

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  • necessary power implied where no doubt as to its necessity nor as to existence of express statutory power

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