Legal Opinion

Ladouceur v. Northern Pacific Railroad

Washington Supreme Court

Decided April 29, 1893No. 787PublishedCited by 5 opinions

Appeal from Superior Court, King County. Action by Frank Ladouceur against the Northern Pacific Railroad Company for injuries received as the result of a collision between a train and plaintiff’s wagon at a railroad crossing. The evidence tended to show that numerous teams were passing to and fro at the time on the street; that the train was making but little noise; and that the engine bell was not rung, nor the whistle blown, till almost upon the crossing.

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Appeal from Superior Court, King County. Action by Frank Ladouceur against the Northern Pacific Railroad Company for injuries received as the result of a collision between a train and plaintiff’s wagon at a railroad crossing. The evidence tended to show that numerous teams were passing to and fro at the time on the street; that the train was making but little noise; and that the engine bell was not rung, nor the whistle blown, till almost upon the crossing. The plaintiff testified that he listened carefully for a train but heard none; that he looked both ways, listening for a train. The…

1Opinion of the Court

The opinion of the court ivas delivered by

Scott, J.

This case was formerly before the court (4 Wash. 38, 29 Pac. Rep. 942) upon an appeal taken by *281the plaintiff from a judgment of non-suit rendered against him on the ground of contributory negligence. The case was reversed and remanded, and was again tried in the superior court, and a judgment rendered in favor of the plaintiff, whereupon the defendant brings this appeal.

The only grounds of error alleged are that the verdict is against the evidence, and that from the whole evidence it appears that plaintiff is chargeable with contributory…

2Cases cited1 opinion

  1. Ladouceur v. Northern Pacific RailroadWashington Supreme Court · 1892

3Cited by5 opinions

  1. Jones v. Spokane, Portland & Seattle Railway Co.Washington Supreme Court · 1912
  2. In re Interrogatories Proposed by the Governor Concerning the Moffat Tunnel BillSupreme Court of Colorado · 1922
  3. Carroll v. Union Pacific RailroadWashington Supreme Court · 1944
  4. In Re InterrogatoriesSupreme Court of Colorado · 1935
  5. In re Interrogatories of the GovernorSupreme Court of Colorado · 1935

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