Haft v. Northern Pacific Railway Co.

Plaintiff (appellant), the operator of a power shovel owned by Kitsap County, was injured when the shovel was struck by defendant’s (respondent’s) train at a private crossing. Following a jury verdict in favor of plaintiff, the trial court granted defendant’s motion for judgment notwithstanding the verdict, and in the alternative for a new trial. Plaintiff appeals from this ruling.

This action was consolidated for trial with two other actions arising out of the same accident; the county’s action against the railroad, and the railroad’s action against the county, for property damage to the…