Armstrong v. Spokane & Inland Empire Railway Co.

Citations

• 71 Wash. 624
• 129 P. 379
• 1913 Wash. LEXIS 1377

Syllabus

<p>Street Railways — Injury to Persons on Track — Contributory Negligence — Evidence—Question op Law. A pedestrian, standing so close to a track while waiting for a street car, that, she was struck by a car coming from the opposite direction, is guilty of contributory negligence, as a matter of law, where it appears that the street was being graded, that she knew the company was using but one track where the work was not completed, that she was told that her car was waiting at a switch for another to come down, and that the night was dark and the street unlighted, and with no traffic or noise on the street, she paid no heed to the approaching car.</p> <p>New Trial — Newly Discovered Evidence — Materiality. It is not error to refuse plaintiff a new trial for newly discovered evidence as to defendant’s negligence, when the case was properly dismissed because of plaintiff’s contributory negligence.</p>