Blair v. Calhoun

Citations

• 87 Wash. 154
• 151 P. 259
• 1915 Wash. LEXIS 1071

Syllabus

<p>Street Railroads—Crossing Accident—Contributory Negligence —Question eob Jury. A teamster is not guilty of contributory negligence, as a matter of law, in attempting to cross a street ear track at a city crossing, where, when about forty feet from the track, he looked and saw an approaching street car two blocks away moving slowly, and as his horses were about to step on the track, he looked a second time, and saw the car about two hundred feet away approaching at about ten miles an hour, and looking a third time he made every effort to increase his speed and cross ahead of the car, which had increased its speed to 18 or 30 miles an hour, and in excess of the speed limit, without effort to slacken its speed until almost upon him, when it struck the felloe of the hind wheel, needing only 1 y2 inches to clear the wagon altogether.</p> <p>Same—Crossing Accident—Negligence—Last Clear Chance. In such a case, where the motorman had an unobstructed view of the vehicle for a distance of 300 feet, the doctrine of last clear chance applies, and an instruction thereon is proper.</p> <p>Appeal—Review'—-Harmless Error—Instructions. An instruction to the effect that the speed of street cars “in the thickly settled portions of the city” is limited to twelve miles an hour, is not erroneous as a comment on the facts, in that it assumes that the accident occurred in the thickly settled portions of the city, where counsel had admitted that the twelve mile limit applied.</p> <p>Same. An instruction to the effect that it was negligence of itself to run a street car in excess of the city speed limit, is not reversible error in that it fails to limit the liability to negligence that was the proximate cause of the injury, where such limitation was given by other instructions.</p> <p>Same. It is not error to refuse a request for instructions that were covered in the general charge.</p> <p>Same. It is not prejudicial error to refuse to give instructions that punitive or exemplary damages