Bartlett v. Northern Pacific Railway Co.

The trial court, in granting summary judgment of dismissal of the plaintiff’s action against the city of Tacoma and the Northern Pacific Railway Company, commented “Maybe the supreme court will think differently.” It does!

The end result may be the same at the conclusion of a jury trial, for a jury may reach the same conclusion as the trial court: That neither defendant failed in any duty owed to the plaintiff which could have prevented the injuries which he sustained. Nevertheless, we are satisfied that there are issues of fact which should be decided by a jury.

The plaintiff had driven his…