Woods v. Northern Pacific Railway Co.

Citations

• 36 Wash. 658
• 79 P. 309
• 1905 Wash. LEXIS 646

Syllabus

<p>Master and Servant — Railroads — Negligence — Injury to Bbakeman Through Pall Prom Car — Unusual Construction of Foreign Car — Assumption of Risk — Nonsuit — Evidence— Sufficiency. In an action against a railroad company for personal injuries sustained by a brakeman in falling from a foreign car received for transportation, through the fact, as claimed, that the hand-grab on top of the car was within three inches from the end of the car instead of further back, as usual, and that the defendant negligently failed to notify the plaintiff of such fact, it is error to refuse a nonsuit where it appears that the plaintiff was an experienced hrakeman, and had seen and knew of the receipt of cars somewhat similarly constructed, and where the position of the hand-grab was apparent as soon as he reached the top of the car, and he did not fall at that time, but in attempting to rise, the hand-grab being of no assistance in rising, and there being nothing out of repair about the car; since he assumed the risk upon seeing the situation, which was equivalent to notice, and the company’s duty to inspect foreign cars for defects, or unusual construction which is not open and apparent, does not establish any negligence under the circumstances.</p>