Tills v. Great Northern Railway Co.

Citations

• 50 Wash. 536
• 97 P. 737
• 1908 Wash. LEXIS 778

Syllabus

<p>Master and Servant — Vice Principáis — Operation op Railroads —Sudden Stopping oe Car. A section foreman in charge of a hand car, which all of the men are propelling by hand on their way to their work, is a vice principal, and the master is liable for injuries sustained by one of the crew through his negligence, where it appears that, by his direction, knowing that he would soon meet a freight train, the car was being driven at a reckless rate of speed, down grade, where there were many curves and bluffs obstructing the view, in an endeavor to reach his destination before arrival of the train, and that, upon the train’s appearing in sight, he suddenly applied the brakes without warning, whereby the plaintiff was thrown from the ear.</p> <p>Damages — Personal Injuries — Excessive Verdict. A verdict for $26,985, for personal injuries, reduced to $20,000 by the trial court, is not excessive, where it appears that' the plaintiff, a section man, forty-three years of age, in good health, earning $2.25 per day, was run over by a hand car, dislocating his vertebra, that he is paralyzed from his hips down, has completely lost the control of his bowels, urinary and other organs, and is completely helpless and will be confined to his bed for the remainder of his life, and suffers constantly.</p>