O'DELL v. CHICAGO, M., ST. P. & P.R.R.

No. 631-1.

6 Wn. App. 817 (1972)

496 P.2d 519

WILLIAM J. O'DELL, Respondent, v. CHICAGO, MILWAUKEE, ST. PAUL & PACIFIC RAILROAD COMPANY, Appellant.

The Court of Appeals of Washington, Division Three.

May 1, 1972.


Attorney(s) appearing for the Case

Warren H. Ploeger, James E. Nelson, and J. Fred Simpson, for appellant.

Hodge & Dalgren, Inc., P.S., A. Wesley Hodge, and Charles F. Mansfield, for respondent.


EVANS, J.

Plaintiff William O'Dell received serious personal injuries when he drove his motorcycle into the side of defendant railroad's freight train at a grade crossing. Based upon an allegation that his injuries were caused by defendant's failure to provide adequate safeguards and warnings, plaintiff recovered a judgment for $180,000. Defendant appeals.

In the early morning hours of August 28, 1965 there was a dense fog in the town of North Bend, Washington...

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