Breeden v. Seattle, Renton, & Southern Railway Co.

Citations

• 60 Wash. 522
• 111 P. 771
• 1910 Wash. LEXIS 1085

Syllabus

<p>Carriers — Negligence—Setting Down Passengers — Evidence— Sueficiency. The negligence of a street railway company in starting a car while a woman sixty-five years old was alighting at a regular stopping place, is for the jury, where it appears that the conductor knew that she wanted to get off at that place, that he left the car to deliver a mail sack, and on returning quickly, gave the signal to start the car, without noticing that the passengers were getting off.</p> <p>Carriers — Actions—Issues and Prooe — Immaterial Variance. In an action for injuries sustained by a passenger in alighting from a street car, a variance as to the name of the street where the accident occurred is not material where no one was misled and no objection was made to the evidence.</p> <p>Damages — Personal Injuries — Excessive Verdict. A verdict for $1,700 for injuries sustained by a woman sixty-five years of age, thrown to the ground by the starting of a street car, is not excessive, where it appears that she was injured internally and severely bruised on the head and hip, resulting in a slight paralysis, and had not fully recovered in eight months.</p>