Hubenthal v. Spokane & Inland Empire Railroad
Washington Supreme Court
Appeal from a judgment of the superior court for Spokane county, Sullivan, J., entered March 27, 1916, upon granting a nonsuit, dismissing an action for damages to an automobile through a collision with an electric train.
1Opinion of the CourtEllis, C. J.
In this action plaintiff sought to recover damages for the destruction of his automobile through a collision with one of defendant’s trains at the crossing at Willow Springs station on defendant’s electric railway line.
Plaintiff’s evidence shows that, at the point in question, the railway track runs from north to south, approaching the crossing at a down grade of a little over two per cent. The public highway runs from east to west, approaching the crossing at a down grade of about two and one-half per cent. The highway right of way is about forty feet wide, with the narrower traveled roadway…
2Cases cited5 opinions
- Mosso v. E. H. Stanton Co.Washington Supreme Court · 1913
- McKinney v. Port Townsend & Puget Sound Railway Co.Washington Supreme Court · 1916
- Nicol v. Oregon-Washington Railroad & Navigation Co.Washington Supreme Court · 1912
- Stewart v. Northern Pacific Railway Co.Washington Supreme Court · 1917
- O'Brien v. Washington Water Power Co.Washington Supreme Court · 1914
3Cited by3 opinions
- Petry v. HinesWashington Supreme Court · 1921
- Stubbs v. BooneWashington Supreme Court · 1931
- Carroll v. Union Pacific RailroadWashington Supreme Court · 1944