Baldie v. Tacoma Railway & Power Co.

Citations

• 52 Wash. 75
• 100 P. 162
• 1909 Wash. LEXIS 1077

Syllabus

<p>Street Railways — Collision with Automobile — Driving on Track — Contributory Negligence — Question por Jury. It is not contributory negligence, as a matter of law, for the driver of an automobile, who was run into from behind by a street car, to drive his machine on the street car tracks, without looking back, where it appears that he had a red rear light, the night was dark and foggy, and there was danger of striking people on the crossings, and one of the cross streets was torn out and could be crossed only over the street car tracks, and there was evidence that the street car was running at a dangerous rate of speed and sounding no alarm at the time of the collision.</p> <p>Same — Streets — Right op Way — Negligence — Question por Jury. In such a case, the street car does not have the right of way, as a matter of law, and it is for the jury to determine whether the motorman was guilty- of negligence in not seeing the automobile in time to avoid an accident.</p>