DocketNumber: No. 8949
Citation Numbers: 61 Wash. 559, 112 P. 643, 1911 Wash. LEXIS 1122
Judges: Dunbar, Morris
Filed Date: 1/7/1911
Status: Precedential
Modified Date: 10/19/2024
(dissenting) — I dissent. The evidence to my mind clearly establishes the contributory negligence of the respondent. He had lived within a block of the place where he claims to have received his injury, for a year, crossing the bridge daily. He knew the engines discharged quanti
If the majority hold it was negligence for the engine, to pass under the bridge puffing out cinders, how can we escape the conclusion that it was likewise negligent for the respondent to deliberately walk into the cinders? He cannot be heard to say that, while he knew sparks and cinders would be thrown up against and about him, he did not anticipate any serious danger. As we said in Nordstrom v. Spokane & Inland Empire R. Co., 55 Wash. 521, 104 Pac. 809, 25 L. R. A (N. S.) 364, that “is a plea of knowledge of the danger, but not of its consequences, a doctrine which the law does not recognize . . . knowledge of danger is in law knowledge of the injurious results naturally and proximately flowing from that danger.” I cannot escape the conclusion that this principle of law is applicable to the facts here disclosed, and that respondent’s knowledge of the ejecting sparks and cinders being thrown with force upon and over the bridge, his voluntary walking into them with full knowledge of them, seeing them being so ejected, was a knowledge of the danger,
The appellant’s motion for instructed verdict should have been granted.
Chadwick, J., concurs with Morris, J.