Budman v. Seattle Electric Co.

Citations

• 61 Wash. 281
• 112 P. 356
• 1910 Wash. LEXIS 1330

Syllabus

<p>Master and Servant — Injuries to Servant — Warning—Question for Jüry. There is a question for the jury, where a shoveier, struck while working on a street car track, testified that no gong was sounded giving him notice of the approach of a car, while the motorman and another witness testified that the gong was sounded.</p> <p>Same — Contributory Negligence — Evidence — Sufficiency. A common laborer at work shoveling gravel on a street car track is not guilty of contributory negligence in not noticing the approach of a street car, where no warning was given according to custom, and he was on the track in the line of his duty and did not see or hear the car.</p> <p>Same — Cause of Accident — Evidence—Question for Jury. Where a man has been forcibly knocked down by a street car, it cannot be said, as a matter of law, that the position in which he was found made it physically impossible that he was struck in any particular way; the question being for the jury.</p>