Brooks v. Tacoma Railway & Power Co.

Citations

• 130 Wash. 205
• 226 P. 481
• 1924 Wash. LEXIS 828

Syllabus

<p>Trial (143) — Verdict — Special Interrogatories — -Objections. Where a jury, sent back to reconsider a verdict, is not polled as to special interrogatories conflicting with the general verdict, appellant cannot assign error in not instructing the jury to also reconsider the special interrogatories.</p> <p>Same (141) — Verdict—Special Findings — Inconsistent with General Verdict — Construction. There is an irreconcilable inconsistency between a general verdict for plaintiff and the answer to special interrogatories, making the latter controlling, where plaintiff’s claim of negligence rested on the alleged fact that a street car had come to a stop at a street intersection and the motorman signalled him to cross the tracks, which claims were negatived by the special verdict, from which the plaintiff’s contributory negligence was conclusively established.</p> <p>Street Railroads (20, 28) — Collision with Vehicle — Contributory Negligence — Evidence—Sueeicibncy. The driver of an automobile is guilty of contributory negligence in starting to cross the tracks directly in front of an approaching street car which he saw coming and which did not stop or signal him to proceed as he claims it did.</p>