Hewitt v. Spokane, Portland & Seattle Railway Co.

(dissenting) — The majority opinion is so well written that I hesitate to voice a dissent, but the deftly woven phrases do not conceal the plain hard fact that the plaintiff was injured when the car in which he was riding hit the ninth and tenth cars of a 16-car freight train, then crossing the highway.

The train was not running amok; it was traveling on its own tracks, where it indubitably had a right to be. It also had an unequivocal right of way in crossing the highway; RCW 46.60.320; Morris v. Chicago, Milwaukee St. Paul & Pac. R. Co., 1 Wn.2d 587, 595, 97 P.2d 119 (1939); Haaga v. Saginaw…