45 Wash. 92 | Wash. | 1906
-Accepting appellant’s statement: The accident which occasioned plaintiff’s injuries occurred in the defendant company’s yards at Spokane. Spokane is a division terminal point, the company having there a large roundhouse and extensive yards in which its trains are made up. Plaintiff .was a freight brakeman, and was injured while making ready to go out on his run. Just at the door of the roundhouse
We are unable to distinguish this case in any essential particular from the case of Baker v. Tacoma Eastern R. Co., 44 Wash. 575, 87 Pac. 826, where we held that Baker, who was killed by a logging train backing onto him while he was attempting to cross a railway track in a switch yard where many engines and trains were constantly passing, was guilty of contributory negligence in not stopping to look and listen before stepping on the track; although it was the conceded duty of the company in that case to have a lookout, or rear brakeman, upon the train to protect the people passing along the street. If there is any difference, this is a more pronounced case of contributory negligence, for the appellant was a brakeman of many years’ experience, perfectly familiar with the yard and the dangers incident thereto. He testified frankly that, in the performance of his duties, he was in and about the roundhouse nearly every day, and knew how the engines were handled about the roundhouse and the yard. He
The judgment will be affirmed.
Mount, C. J., Hadley, Fullerton, Root, and Crow, JJ., concur.