McFadden v. Northern Pacific Railway Co.

The husband of the appellant, while driving an automobile on a public street of the city of Tacoma, collided with a train of the respondent Northern Pacific Railway Company, receiving injuries from which he died some days later. In this action, the appellant, as administratrix of his estate, sought to recover in damages for Ms death. ■ On the trial, at the conclusion of the appellant’s evidence in chief, the respondent interposed a challenge to its sufficiency to sustain a recovery. This challenge the trial court sustained, entering a judgment of dismissal.

The street on which the husband of…