Schwartz v. Northern Pacific Railway Co.

Citations

• 77 Wash. 44
• 137 P. 317
• 1913 Wash. LEXIS 1893

Syllabus

<p>Railroads — Grossing Accident — Contributory Negligence — Question for Jury. It is not contributory negligence as a matter of law, for the driver of a team, waiting at a double track crossing for a freight train to pass south on the near track, to start to cross immediately after the last car had passed, where it appears that, at the point where he was waiting, he had a view of the approach of north-bound trains for a distance of nearly 700 feet, and he looked and neither saw nor heard a train, and the city speed limit for trains at that point was six miles and hour, and he was struck by a train going at least 10 miles an hour, after getting his horses across the far track.</p> <p>Damages — Personal Injuries — Excessive Verdict. A verdict for ?3,000 for injuries sustained when struck by a passenger train at a crossing is not excessive, where plaintiff wais rendered unconscious, his wrist broken and crushed, and his shoulder badly injured, and his injuries were permanent.</p>