Welsh v. Spokane & Inland Empire Railroad

Citations

• 91 Wash. 260
• 157 P. 679
• 1916 Wash. LEXIS 1039

Syllabus

<p>Carriers — Passengers—Setting Down Passengers — Inteeurran Cars. The rule' applicable to street cars that the relation ordinarily terminates when the passenger gains a secure footing upon the street, applies to one alighting from an interurban train.</p> <p>Same — Setting Down Passengers — Negligence—Evidence—Supeiciency. Negligence is not shown in allowing an intoxicated passenger to alight unattended from an interurban car, with many other passengers, on a safe unobstructed city street, whereupon he leaned against the car with his foot on the rail and was injured when the train moved, where there was no evidence that he staggered or required special attention when leaving the car, or that any one knew of his dangerous position, although it was known that he was intoxicated when he boarded the train; since actual knowledge of his incapacity was lacking, and he was discharged at a safe place, without any knowledge of his dangerous position.</p>