Hopkins v. Spokane, P. & S. Ry. Co.

On Petition eor Behearing

(2 P. (2d) 1105)

BOSSMAN, J.

Bespondent’s carefully prepared petition for a rehearing has caused us once more to bestow much consideration upon this action.

The brief accompanying the petition cites and reviews many authorities, most of which we have read. None of them, however, involved a set of circumstances where an intelligent young man, who had ample time to make measurements, came to his injury by reason of his failure to do so. That is the situation brought before us by this appeal. The plaintiff was not called upon to measure clearance between the top of a car…