Matson v. Port Townsend Southern Railroad

The opinion of the court was delivered by

Hoyt, J.

— Plaintiff was a boy of about ten years of age. He was fishing in a creek near a bridge, or trestle, upon which the trains of the appellant crossed. While thus engaged, a train consisting of logging cars loaded with logs, some flat cars and a passenger coach, came along, and just before it reached the creek crossing one of the logs fell from the train. Upon seeing this, plaintiff attempted to run away from the vicinity of the bridge, and while he was so doing, the train having reached the crossing, another log fell therefrom and struck him,…