, 1892-04-07
SUIT FOR DAMAGE.
Another Case Against the North
ern Pacific.
Judgment tn a Pierce County Case
Reversed by the Supreme Court.
A Question OF Contrfbutory Neg

Judg gment tB a Pierce County Cass
Reversed by the Supreme Court
Question OF Contrtbutory REG.
IzEence Decided.
[Hotice-AlI decisions of the supreme
court will appear in The DAILY AM
WEEKLY TRIBUNE.7
William Irish, appellant VS.. the Northern
Pacific Railroad company, respondent
4 Filed March 6, 1892.
No. 542-This action was brought to re-
cover damag es for personal injuries to the
plaintiff, alleged to have been caused by
the negligence of the respondent in the
operation of a certain railroad train. The
court below sustained the demurrer to the
complaint, and from the Judgment of dis
missaI rendered thereon plaintiff has
brought the case here for review. The al
legations of the complaint, so far as they
are necessary for the consideration of the
questions raised by this appeal, are as fol-
lows;
''At that time it was the custom Of the
railroad company to run its trains from
Wilkeson to the switch, lying westwardly
about one-half mile, then switch off and
run to Carbonate upon another branch of
railroad belonging to and operated by the
defendant company and returning thence
to the said switch would once more place
itself upon the line running to South Prai-
stopping at said switch it was the practice
of the officers and employees of said COM
pany employed upon said tram to permit
and request intending passengers to board
the cars, and this practice had become a
custom among people of Wilkeson and was
well known; that plaintiff knew this prac-
tice and custom, so when he found the train
moving away from Wilkeson station with
out him, he shouidered his bundle and
walked down the railroad to the switch
aforesaid and there awaited the return of
the train from Carbonado; that in due
time the train returned from Carbonate
and approached said switch, the engine and
tender coming first crossing the switch
and running up short distance towards
Wilkeson station; thence running west
Wardly upon the line of road toward South
Prairie and stopping. The passenger car
the only car-came after, propelled by its
own gravity, and in like manner ran over
said switch and a short distance towards
Wilkeson and stopped. That when the
car stopped, the conductor of said train be-
ing an employee of said defendant COM
pany, and the brakeman of said train, also
an employee of said defendant, appeared
upon the rear platform of said car; that
plaintiff at that time was standing on
steep bank, forming the bed Of the railroad
about ten feet away from the rails and to
the side thereof, where he had gone to be
out of the way when said train came down
line to South Prairie; that when
the conductor upon said car saw the
plaintiff, who expressed his desire Of get
ting on board said car, the said conductor,
being an employe of said defendant COM
pany beckoned to the plaintiff to come to
the rear of the car and directed him to come
between the rails Of said railroad and tothe
rear end of said car, and by his words and
gestures indicated to plaintiff that he
should place his baggage upon the platform
of said car at point Immediately above
the couplers and between the upright iron
guards at the end Of the platform, and a
part of said car said conductor saying to
said plaintiff, in order to induce him to
make haste, "this way, now hurry up"
pointing with his hands where he desired
plaintiff to come to and place his baggage
on the rear pla form as above stated. That
plaintiff in obedience to the instructions of
said conductor, and following the COM
mands given by him as to the manner in
which he should place his baggage on board
said car, believing himself to be Obliged to
obey the directions of the conductor, in
getting on said car fully believing that
said conductor had full control of all the
movements Of said train and that no move
ment of said car would be made without
the orders and directions of said conductor,
and for the further reason that the bank
upon which the car stopped was so steep,
and the steps Of the platform so slippery
bundle on the car by the steps Of the plat
form, and fully believing that it would be
safe to follow the instructions of the con
ductor as aforesaid, and neither hearing
nor seeing anything that would indicate
that the engine was moving, did go upon
the track of said railroad with his bundle
Of baggage upon his shoulder, and
did approach the rear plat
form Of said car in the man
ner indicated and directed by the said
conductor, and attempted to place his bun
die upon said platform, in the doing of
which said conductor assisted him by TAX
ing hold of his bundle; that while stand
ing in this position the car, of which said
platform was a part, through the negli-
gence and carelessness of the conductor
and engineer of said train, they being then
employees Of defendant company, received
a sudden shock from the engine standing
in front Of said car, and without any waru-
ing whatever moved backward at rapid
rate and struck the plaintiff and gave him
severe blow upon his chest and knocked
him down between the rails ofsaid railroad
and pushed him along upon the bed of said
railroad between the rails and upon the
ties for distance of thirty feet or there
abouts, to the great physical injury of the
plaintiff -
The respondent urges that for two rea-
sons they are insufficient to show cause
of action: First, tile negligence Of the de-
ASl4Qd1lb - 1UJ SL4AAlSACuU4y clllCSCd h44d oCS-
ond, that fIom such allegations it appears
that plaintiffs own acts contributed to the
injury. The first question above stated,
though incidentally mentioned, was not
insisted upon with much force by the re-
spondent and we do not think it necessary
to say more in regard thereto than that we
think that as against a general demurrer
the negligence Of the defendant is sufi-
GENTLY alleged.
ITO be continued.)