Woole v. Washington Railway & Navigation Co.

Citations

• 37 Wash. 491

Syllabus

<p>Railroads — Negligence—Crossings—Traveler Failing to Look and Listen — Contributory Negligence — Nonsuit. A traveler who drives a team upon a railroad crossing at a point where for a considerable distance he had an unobstructed view of an approaching locomotive, is guilty of contributory negligence, as a matter of law, where he drove on to the crossing either without looking or looked and whipped up his horses in an endeavor to cross ahead of the engine.</p> <p>Same — -Evidence—Presumption as to Due Care. The presumption that a traveler used due care and stopped to look and listen before driving upon a railroad crossing, cannot he indulged where it appears from the testimony that for a considerable distance he had an unobstructed view of an approaching locomotive, hut drove at a slow walk until within fifty feet or less of the crossing, and suddenly whipped up his horses in an endeavor to cross ahead of the engine.</p> <p>Same — Doctrine of “Last Clear Chance.” The doctrine that the defendant had the “last clear chance” to avoid killing a traveler, who was struck by a locomotive at a railroad crossing, has no application where the deceased was driving at a slow walk until within fifty feet of the crossing and suddenly whipped up his horses in an endeavor to cross ahead of a locomotive moving at a rate of between 12 and 60 miles an hour.</p> <p>Same — Comparative Negligence. The doctrine of comparative negligence does not obtain in this state.</p> <p>Same — Trial—Setting Astde Verdict Not Sustained by Evidence — Contributory Negligence. The verdict of a jury upon an issue as to contributory negligence which is contrary to what all reasonable men ought to find upon the undisputed testimony, is not conclusive upon the court, and will be set aside upon appeal.</p>