Cole

Spokane v. Cole

Good Law
40 F.2d 172·1930 U.S. App. LEXIS 3124
United States Court of Appeals for the Ninth CircuitApril 23, 1930No. 6019California1,177 words

Opinion

Lead Opinion

Wilbur, J.

The appellee, Ceeile S. Cole, was injured by a motorcar operated by the appellant railroad company which collided with a Ford tourist automobile, model of 1926, in which she was riding in the front seat with her sister, Mrs. Larson, who was operating the car, near Underwood Station, Wash. In the rear seat of the automobile were four children. About twelve feet from the track the automobile stopped in order that a 12 year old boy, the son of the sister who was driving, could get off the running board. At that point the appellee looked and listened to ascertain whether a train was approaching on the railroad track. Her sister, who was driving, also looked and listened before starting the automobile. The accident occurred in a mountainous region. The road upon which the automobile was approaching the railroad track was a private road built in order to enable the employees of the United States fish hatchery to reach the public highway on the other side of the railroad. This road approached the railway on a grade of about 8 per cent. The railway track, as it approached the crossing at which the accident occurred, was in a cut six or eight feet deep. Shrubs and bushes were growing along…

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