Beeman v. Tacoma Railway & Power Co.

Citations

• 112 Wash. 164
• 191 P. 813
• 1920 Wash. LEXIS 698

Syllabus

<p>Street Railroads (30)—Collision With Automobile—-Contributory Negligence—Question tor Jury. The contributory negligence of the driver of an auto truck struck by a street car is a question for the jury, where there was evidence that he attempted to cross the tracks at a street intersection after giving the proper signal and noticing an approaching car on .the other track some 125 feet distant from the intersection, that the truck skidded and in attempting to stop the skidding he killed his engine and was struck by the approaching car, and that he had ample time to cross had his truck not skidded and the engine killed, and that the street car was a “one man car” and that the motorman was busy making change with a passenger at or shortly before the collision occurred.</p> <p>Same (33)—Collision at Crossing—Duty oe Motorman and Driver—Instructions. In such a case, it was proper to instruct the jury that the driver, in approaching the crossing, had a right to presume that the motorman was keeping his car under such reasonable control as was commensurate with the situation at such point.</p> <p>Damages (80)—Personal Injuries—Excessive Verdict. A verdict for $2,000 for injuries sustained by the driver of a truck in collision with a street car is not excessive, where he sustained cuts over the ear and eye and the right temple region which tore away part of the temple muscle and required several stitches, and that he had not regained use of the muscles at that point at the time of the trial and still suffered pain and headaches.</p>