Wile v. Northern Pacific Railway Co.

Citations

• 72 Wash. 82
• 129 P. 889
• 1913 Wash. LEXIS 1408

Syllabus

<p>Carriers — Injuries to Passengers — Sudden Jerks and Jars. Evidence that a passenger on a mixed freight train was thrown to the floor by a sudden jolt is insufficient to sustain a recovery for the injuries sustained in the fall, where there was no evidence that there was anything unusual or more than the ordinary jerking or jolting necessarily incident to the operation of freight trains; since negligence cannot be inferred therefrom.</p> <p>Same — Presumptions. The rule of res ipsa loquitur has no application to a case in which a passenger on a freight train was thrown to the floor by a sudden jolt' in the operation of the train.</p>