Swanson v. Puget Sound Electric Railway

Citations

• 118 Wash. 4
• 202 P. 264
• 1921 Wash. LEXIS 920

Syllabus

<p>Railroads (61, 71) — Accident at Crossing — Negligence—Failure to Signal — Evidence—Sufficiency. In an action for the death of one driving an automobile across the track of an electric railway, the negligence of the defendant was a question for the jury where the evidence showed the train approached the crossing at a speed of fifty-five miles an hour; that it sounded no whistle; that the automatic electric signal failed to ring or show a red light; that no watchman was kept at the crossing; and that the view in the direction of the approaching train was obscured by a shelter house of defendant and a large pole and sign.</p> <p>Same (64, 71) — Contributory Negligence — Question for Jury. The contributory negligence of one killed by an interurban railway train at a village crossing was for the jury where the evidence showed that the deceased brought his automobile to a standstill within five to eight feet of the track, then started up and was struck while crossing the track by the train running at a speed of fifty-five miles per hour; that the headlight of the train could have been seen for a distance of from 2,000 to 3,000 feet; that in the absence of any crossing signal the deceased might have assumed the headlight as that on the train of another railway; and that from his position a view of the approaching train was obscured by intervening obstructions.</p> <p>Death (37) — Damages—Excessive Verdict. A verdict for $12,-000 for negligently causing the death of a man thirty-nine years of age, having a wife but no children, cannot be said to be excessive, where he was capable of earning $300 per month during the war period.</p>