The daily intelligencer. [volume] (Seattle, Wash. Territory [i.e. Wash.]) 1876-1881, 1881-06-18
DAILY INTELLIGENCER.
Saturday, June Is. 1881.
CONTRIBUTIvR NEGLIGENCE. oP
EMPLOYE.

As il 10 the duty and tends to the in
terest OF the company that 50 engineer
should maintain q good rate Of speed,
10 might seem that one who sustains an
injury through essAying high speed
should not be pronounced in fault.
But clearly bis duty in this regard may
be limited by his instructions or the
time table. An engineer on the Illi-
nois Central road, whose time-card
called for "a miles an hour, and for a
slower rate at some spots where the
track was out of repair, crossed one of
these weak spots ct rate Of between
thirty and forty miles. His engine
left the track aud he was hurt. The
Court said that his excessive speed was
gross negligence which undoubtedly
contributed to his injury. and must
preclude him from recovering dam
ages, however gross the neglect of the
company might have been in allowing
the track to fall into decay.
An engineer on the Chicago Burllng-
ton & Quincy road was killed by being
knocked from his engine Tor from .
bridge or trestle on which he had
mounted1. no one could ascertain pre-
cisely bow. while oiling L. The place
where the oiling was done, in this liz.
stance, and where the engineer had
previously been accustomed. though
not Invariably. to stop for oiling. APP
peared TO the Court to be o dangerous
and injudicious one. Yet it did not APP
pear that there was any rule of the
company requiring the engine TO be oil
cd or examined at this particular spot
On the contrary. the spot was selected
by the engineer himself, and he might
have chosen q different one. The
structures of the company at the place
were sufficient for their intended
uses; they we're not planned with q
view to the engineers climbing upon
them while oiling. The Court said that
the engineer was chsrgeable with con
tributive negligence; and that the
company was rot bound to protect
him against danger arising from a use
which he made. without necessity and
without instructions, of a structure
made for other purposes.
At the crossing of the Eastern Rail.
road and Saratoga street. in Boston.
the Eastern Railroad Co. has been &C
customed to maintain q fsgman upon
an understanding between the Eastern
Co. and the Boston & Albany Railroad
Co., using the same track. that the
Eastern fagman shall watch the t:ac
and give notice when any locomotives
and oars of either company are about
TO cross. Some of the trains have been
accustomed. at this spot, to psss un-
broken, others TO make flying switch
A train of the Boston 4 Albany road
approached the spot, but the men on
the road neglected to make the proper
signal for flying switch, although one
was intended. The flagman. missing
the signal, supposed that the engine
and cars which passed him were the
entire train; as they passed he there.
fore rolled up his flag and walked
along toward his resting place. Mean
time the detached portion of the train
came up behind him, with slackening
speed, and he was run over and hurt.
He sued the Boston & Albany Co., but
the Court adjudged the accident to
have been his own fault. because he
should have observed the coming cars.
There was nothing to prevent his per-
ceiving, had he looked and listened as
O person on railroad track should al
ways do, that there were some detached
cars coming from the rear. His mat
tension precluded him from complain
ing that the trainmen were negligent
in emitting the signal.