Stewart v. Northern Pacific Railway Co.

Citations

• 96 Wash. 486
• 165 P. 377
• 1917 Wash. LEXIS 1151

Syllabus

<p>Railroads — Crossing Accidents — Contributory Negligence — Failing to Stop, Look, and Listen — Question for Jury. Contributory negligence in failing to stop, look, and listen before driving a horse upon a railroad crossing is a question for the jury, where it appears that buildings and a box car near the main track obstructed the view until opposite the end of the corner of the car, that an automatic electric gong relied upon by plaintiff did not ring, that proceeding slowly and almost stopping his horse, he listened for trains, and failéd to hear an approaching passenger train coming noiselessly down grade, and that thereupon he speeded up his horse to cross, and did not see the train until he passed the car, when he was too late to turn his horse to avoid the train.</p>