Shafer v. Tacoma Eastern Railroad

Citations

• 91 Wash. 164
• 157 P. 485
• 1916 Wash. LEXIS 1032

Syllabus

<p>Negligence — Dangerous Operations — Duty to Volunteer — Assumption or Risks. One who was attracted to the scene of the lifting of a derailed engine, by reason of the element of danger, which he fully appreciated, is a mere licensee or volunteer to whom no duty was owed except not to wilfully and wantonly injure him, although when warned away he took up a place on property adjoining the right of way which he deemed safe; since he assumed the risk of apparent danger and cannot complain of want of care or unskillfulness whereby he was injured.</p> <p>Same — “Last Clear Chance” — Presumptions. In such case the doctrines of “last clear chance” and “res ipsa loquitur’’ have no application.</p>