92 Ilwaco R and N Co v Hedrick Respondents

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92 Ilwaco R and N Co v Hedrick Respondents

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title: Gideon T Hedrick, Administrator, Etc Respondent vs The Ilwaco Railway & Navigation Company, Appellant, Repondent's Brief

title: 92

creator: Gideon T. Hedrick

contributor: Watson

contributor: Hume

contributor: Watson

date: 1890-05

publisher: Washington State Supreme Court

type: Civil

subject: Remedies

language: eng

format: application/pdf

description: Prior History: Appeal from Superior Court, Pacific County.The facts are fully stated in the opinion.Negligence – Personal Injuries – Evidence – Custom – In an action against a railway company for the death of a child, caused by the negligence of the company in leaving a turn-table unfastened, where the attending physician had testified that the child, who was frail and weak, died from injuries received at the turn-table, it was not error for the court to exclude a question to such witness as to “whether or not, if the child had been a healthy child, it would have survived the injury.”Evidence of the custom of railways to keep turn-tables unfastened at all times, whether in actual use or not, and whether enclosed or in an open public place, is inadmissible in an action against a railway company to recover for the death of a child of tender years, injured by reason of the company’s unlocked turn-table.In an action against a railway company for negligence in not properly securing a turn-table, whereby a child six years of age received injuries causing death, the fact that, prior to the accident, an agent of the company tied the turn-table with a rope so that it could not be revolved unless the rope were cut or untied, does not relieve the company from liability for its negligence in not adopting securer fastenings, where it is shown that the agent knew children were attracted to the machine, and were in the habit of playing upon it, and threat the method of securing it had in the past proved insufficient.

relation: Ilwaco R. & N. Co. v. Hedrick, 1 Wash. 446 (1890)

relation: 25 P. 335

rights: These materials are public records. Please see Washington State Court Rules: General Rules 31 for details https://www.courts.wa.gov/court_rules/pdf/GR/GA_GR_31_00_00.pdf

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