Roth v. Union Depot Co.

Citations

• 13 Wash. 525
• 43 P. 641
• 1896 Wash. LEXIS 84

Syllabus

<p>BAILBOADS — INJUBY TO PEBSONS ON TEACK — LIABILITY POE NEGLIGENCE— IMPUTED NEGLIGENCE—EXCESSIVE DAMAGES.</p> <p>Where the public have been in the habit for a long time of using, at a point not in a traveled public highway, the right-of-way of a railroad as a path in passing from one part of the city to another, and the railroad company has knowledge of the fact that its right-of-way was so traveled by the public at almost every hour of the day, its acquiescence in the public use amounts to a license to so use its right-of-way, and imposes the duty upon it to exercise reasonable care in the movement of its trains so as to protect from injury all persons crossing or traveling its tracks at that point. (Hoyt, C. J., dissents).</p> <p>A child of tender years cannot be held to the same degree of care in avoiding danger as a person of mature years and accumulated experience.</p> <p>The negligence of the parent cannot he imputed to the child in an action brought for the benefit of the child and not for the benefit of the parent.</p> <p>A verdict of $15,000 for injuries to a child of nine years of age necessitating the amputation of one of his legs, is not excessive.</p>