St. Germain v. Potlatch Lumber Co.

Citations

• 76 Wash. 102
• 135 P. 804
• 1913 Wash. LEXIS 1793

Syllabus

<p>Death — Action eor Wrongful Death — Statutes—Implied Repeal. Since repeals by implication cannot be favored or decreed except in the cases of irrevocable repugnancy, Revised Code of Idaho, § 4100, giving a right of action for death caused by the act or neglect of another generally, under common law rules, was not impliedly repealed by Laws of Idaho 1909, p. 34, relating to injuries and deaths of employees in certain enumerated employments, which changed common law rules and defenses and was much narrower in scope than the former law, leaving many cases unprovided for; since the later act seemingly affords a cumulative remedy.</p> <p>Death — Actions—Wrongful Death — Cause of Accident — Evidence — Sufficiency. The jury is warranted in finding that the death of a brakeman, riding on the steps at the side of the pilot and thrown beneath the pilot, was caused by the negligence of the railway company, where it appears that he was riding where required in the switching work in which he was engaged, that the roadbed had soft spots in it, which allowed the engine to tilt until the pilot would rub on the rails, and it was found that there was a low or soft spot in the roadbed where the accident occurred, and that the top of the switch had been freshly chipped or cut and the pilot bore marks of having been in contact with the rail, and was found to be loose at certain points so that it could be swayed from side to side several inches by pressure; all the circumstances indicating that he was thrown in front of the pilot by a jar caused from contact between the pilot and track; so that the cause of the accident was not left to speculation and conjecture, but was established by a fair preponderance of the evidence.</p> <p>Death — Actions—Damages—Excessive Vebdict. In an action for the wrongful death of a son 26 years of age brought by a mother as only heir, a verdict for $6,000, reduced to $2,000 by the trial court, is not excessive; as a substantial recovery may be had.</p>