Stevick v. Northern Pacific Railway Co.

Citations

• 39 Wash. 501
• 81 P. 999
• 1905 Wash. LEXIS 891

Syllabus

<p>Master and Servant — Negligence — Joint Action Against for Negligence of Servant—Verdict Exonerating Servant and Against Master—Legal Effect. In an action against a railroad company and its master mechanic for the wrongful death of a brakeman, a verdict in favor of the master mechanic and against the railroad company exonerates the company, precluding any recovery against it, where it is alleged in the complaint and admitted that it was the duty of the master mechanic to keep the engines in proper repair, and the only negligence alleged is that of the master mechanic in failing to repair an engine to prevent escaping steam, by reason of which the death was caused.</p> <p>Master and Servant—Negligence—Death of Brakeman Making Flying Switch—-Contributory Negligence — Wrong Signal by Deceased. There can be no recovery for the death of a brakeman, on account of his contributory negligence in assisting in making a flying switch, where it appears that deceased (who was practically in charge of the operation), contrary to his duty, gave the signal to go ahead before uncoupling the car, and in reliance thereon the engineer went ahead, and the other brakeman turned the switch before the car had passed the switch, thereby derailing the car and causing the death.</p> <p>Same—Fellow Servant. If such accident was caused by the negligence of the other brakeman, the result would be the same, since he was a fellow servant of the deceased.</p>