Cable v. Spokane & I.E.R. Co.
| Decision Date | 16 October 1908 |
| Citation | 97 P. 744,50 Wash. 619 |
| Court | Washington Supreme Court |
| Parties | CABLE v. SPOKANE & INLAND EMPIRE R. CO. (two cases. |
Appeal from Superior Court, Spokane County; Wm. A. Huneke, Judge.
Death action by Alma Cable, administratrix of Rufus E. Cable against the Spokane & Inland Empire Railroad Company, and personal injury action by Sadie Cable, a minor, by John H Marks, her guardian ad litem, against the same defendant. Judgments of dismissal, and plaintiff in each case appeals. Affirmed.
Adler C. Clausen and Samuel T. Crane, for appellant.
Graves, Kizer & Graves, for respondent.
These two actions arose out of the same occurrence, and may be disposed of in one opinion. One was an action brought by Alma Cable, as administratrix of the estate of Rufus E. Cable, who was killed by a collision with the cars of the respondent at an interurban railway crossing, and the other was by Sadie Cable, a minor, brought by her guardian for injuries sustained at the time of said accident. Each case was withdrawn from the jury, and judgment of dismissal entered by the court.
The facts were about these: Respondent operates an electric railway between Spokane, Wash., and Coeur d'Alene, Idaho. Upon its line is a station known as 'Spokane Bridge,' located 18 miles east of Spokane. Rufus Cable lived near this station. On the day of the accident he was to take his daughter, appellant Sadie Cable, aged 17 years, to this station, where she was to board the train of respondent for Spokane. The train which caused the accident is known as the 'Flyer,' and does not make stops at this station. On the day in question it was late, and a special had gone by somewhere near the time that the Flyer usually passed Spokane Bridge. Prior to the coming of the train, Cable and two daughters and another person were driving about the neighborhood in an open buggy. When the train was about a half a mile from the station of Spokane Bridge, these people were in their buggy visiting with a neighbor about one-sixth of a mile from the crossing, which crossing is about 175 feet west of the station. The train was coming from the east. Decedent and his party supposed it was a local train which made stops at this station, and they immediately drove toward the station, in order that the young lady might board the train. They drove at a brisk trot until the horse was nearly to the track, when it slowed into a walk, and at this moment reared, and, as it came down, struck against the side of one of the three cars of the train, which at that moment dashed by. Rufus Cable received injuries from which he died the next day, and the appellant Sadie Cable was seriously injured. Appellants claim that the people in the buggy supposed the train to be the local, and that it would stop at the station. Sadie Cable testifies that she looked when they were some distance from the crossing, and did not see the train coming. There was evidence of the presence of certain freight cars upon the side track, and of certain buildings, cord wood, and small trees which, to a certain extent, obscured the view. The evidence showed, however, that all these parties knew that the train was coming, and that if the horse had been stopped shortly before reaching the track, they could have both heard and seen the approaching...
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