Gaines v. Northern Pacific Railway Co.

This is an action for damages occasioned by a collision between a truck driven by plaintiff and defendant’s train at a railroad crossing.

Plaintiff drove his truck with semitrailer easterly on U. S. Highway 10. Highway 10 intersects State Highway 2-1 (known locally as Faust Road), approximately 2 miles west of Ellensburg. For several miles west, defendant’s railroad tracks parallel Highway 10, approximately 150 feet to the south.

Plaintiff testified in his pretrial deposition that he turned south on the Faust Road; that he was traveling about 15 miles per hour when he was struck by a train…