Ross v. Northern Pacific Railroad

Thomas W. Ross and William Tulip commenced separate actions to recover damages for personal injuries. The injuries were sustained as the result of a collision between an automobile driven by Mr. Ross and a freight train operated by the defendant at a railroad crossing in Kent, Washington. Mr. Tulip was a passenger in the automobile.

The actions were consolidated for trial. At the close of plaintiff’s case, the trial court ruled that plaintiff Ross was chargeable with contributory negligence, as a matter of law. His action was dismissed. Mr. Tulip’s case was submitted to the jury and resulted…