Williams v. Stokane Falls & Northern Railway Co.

Citations

• 39 Wash. 77
• 80 P. 1100
• 1905 Wash. LEXIS 819

Syllabus

<p>Carriers — Negligence — Presumption from Fact of Collision. There is a presumption of negligence upon the part of a railroad company from the fact that a passenger’s injury was due to an unexplained disconnection of the coupler in switching cars on a side track, causing a collision; since evidence that the injury was due to the operation of the road makes out a prima facie case.</p> <p>Same—Collision—Disconnection of Coupler—Evidence of Negligence—Sufficiency. In an action for personal injuries sustained through the colliding of cars being switched on a side track with a postal car standing thereon, there is sufficient evidence of defendant’s negligence, where it appears that the accident was due to the fact that the cars became detached from the switch engine, and that the coupling had come apart several times before, to the knowledge of the company’s servants, who threw off safety chains simply for the purpose of expediting the business.</p> <p>Trial—Argument of Counsel—Reading Law to Jury. It is not prejudicial error that counsel in argument to the jury was permitted to read from law books, when the same was in accord with the law given by the court to the jury, and the jury was not misled nor the party prejudiced thereby.</p> <p>Carriers—Duty to Passengers—Degree of Care—Instructions. In an action by a passenger against a railroad company for injuries sustained in a collision, it is proper to instruct that the railroad company owed the duty to carry the plaintiff safely so far as human care and skill would enable it to be done, and to use the utmost vigilance and exercise the highest degree of prudence and caution in running its trains so as to prevent injury; and a qualification respecting the practical operation of the business is not essential.</p> <p>Same—Custom of Other Roads. In such a ease the duty of the defendant is not measured by the degree of care customarily exercised by other roads.</p>