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· 5/7/1918

Schommers v. Great Northern Railway Co.

Citations

  • 102 Wash. 206
  • 172 P. 848
  • 1918 Wash. LEXIS 900

Syllabus

<p>Railroads—Trespassers—“Last Cleae Chance”—Evidence—Sufficiency. Tlie doctrine of the last clear chance does -not apply to a case where a young man, sitting on the edge of a railroad track, was killed by a passenger train, where it appears that the noise of the train could have been heard for three minutes before the accident, and the brakes were set for the emergency stop 600 feet away when the engineer realized that he was not going to get out of the way, and the train brought to a stop within 800 feet; since the mere presence of a trespasser, even if seen, is not alone enough to set the doctrine in motion, as the engineer may assume that a trespasser will take some account of his own safety.</p>

Judges: Chadwick

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