Bemiss v. Puget Sound Traction, Light & Power Co.

Citations

• 89 Wash. 239
• 154 P. 171
• 1916 Wash. LEXIS 672

Syllabus

<p>Carriers — Injury to Passengers — Taking on Passengers — Contributory Negugence — Proximate Cause — Question for Jury. In an action for personal injuries to an intending passenger, struck by a rapidly approaching east-bound street car, while he was about to board a west-bound car on the other track, it cannot be said, as a matter of law, that the proximate cause of the injury was his contributory negligence in standing on or near the track without taking any precautions as to the ears approaching thereon from the opposite direction, if the motorman either saw, or by the exercise of proper care should have seen, him in time to have slackened the speed of the car and avoided the injury; but the question is for the jury, where the east-bound car was approaching at full speed without warning and without any attempt to stop it until within ten feet of the plaintiff.</p>