Burian v. Seattle Electric Co.

Citations

• 26 Wash. 606
• 67 P. 214
• 1901 Wash. LEXIS 695

Syllabus

<p>STREET RAILWAYS-PERSONAL INJURIES-NEGLIGENCE-QUESTION FOR JURY.</p> <p>Whether a cable car company engaged iu operating a line upon, a steep street is guilty of negligence or not, where the cars could only he safely stopped upon the level of cross streets and not upon the incline, and by reason of that fact a pedestrian upon the cross street was run into and injured because of the failure of the company’s employees to stop the car until it had completely ascended from the slope to the level of the cross street, is a question for the jury, and it is not within the province of the court to say as a matter of law that the company was not negligent in operating such cars.</p> <p>SAME-NON-SUIT.</p> <p>In an action to recover for injuries resulting from being run down' by a cable car, where there is some evidence that no gong was rung, it was error to non-suit plaintiff, since it became the duty of the jury to determine what the fact was as to sounding the gong, and whether a failure to sound it constituted negligence under all the facts of the case.</p> <p>SAME-CONTRIBUTORY NEGLIGENCE.</p> <p>Whether a pedestrian upon a street crossing waiting for a street car to pass is guilty of contributory negligence in turning to cross a double track on which cars run in the opposite direction, without looking or listening to learn whether a car is approaching, is a question for the jury, where he is injured by a car coming suddenly over the top of the hill upon which he was walking, there being evidence that its gong was not sounded, and that the car was not stopped as quickly as it should have been.</p>