Raines v. Great Northern Railway Co.

Citations

• 53 Wash. 570
• 102 P. 431
• 1909 Wash. LEXIS 1367

Syllabus

<p>Master and Servant — Railroads—Negligence—Construction op Side Tracks. It is not negligence rendering a railroad company-liable to its locomotive fireman, struck by a passing train while cleaning out his engine on a side track, that the side tracks were constructed so near the main line that plaintiff was struck while so engaged, if the tracks are far enough apart to permit trains to pass in safety.</p> <p>Same — Contributory Negligence — Evidence—Suppiciency. An experienced locomotive fireman, familiar with the locality, who was struck by a passing train on the main line, while he was cleaning out his engine on a side track, is guilty of contributory negligence, as a matter of law, notwithstanding he had. received no notice of meeting a train, where, before commencing work, he could have seen the train on the main line had he looked, but went to work in a cloud of steam where he was prevented from seeing or hearing the approaching train, and so close to the main line that he knew he would be struck by any passing engine.</p>