Keene v. Pacific Northwest Traction Co.

The appellant Keene was injured in a collision with the Seattle-Everett interurban train operated by the respondent, and brought this action to recover for the injuries suffered by him as a result thereof. There was a trial before a jury, at which the jury returned a verdict for the appellant. On motion of the respondent for a judgment in its favor notwithstanding the verdict, the trial court set the verdict aside and entered a judgment of dismissal.

As to the principal facts giving rise to the injury, there is no substantial dispute. At the place of the accident, the railway track of the…