Carton v. Eyres & Seattle Drayage Co.

Citations

• 117 Wash. 536
• 201 P. 737
• 1921 Wash. LEXIS 861

Syllabus

<p>Carriers (78-2, 88) — Personal Injuries — Collision With Vehicle — Overloading or Crowding Car — Question for Jury. While a carrier is not negligent in permitting a passenger, if he so chooses, to ride in a crowded car, yet a carrier’s employees in charge of a car so crowded that passengers are obliged to stand, or occupy positions upon the platform or steps, are obliged to operate the car with due care in the light of those facts.</p> <p>Same. Whether a passenger voluntarily chose to board a crowded street car and whether the car was thereafter operated with due care in the light of its crowded condition, are questions for the jury.</p> <p>Same (102, 107) — Overloading or Crowding Car — Proximate Cause oe Injury — Question for Jury. Whether the proximate cause of a passenger’s injury was his position upon the steps of a street car, pressed so closely against the gate that he fell when the gate was torn off by a collision with a motor, truck, is a question for the jury.</p> <p>Damages (109) — Evidence—Physical Condition of Person Injured — Admissibility. Evidence of the neurasthenic condition of plaintiff in an action for damages for personal injury was admissible under allegations of the complaint that injury to his head has caused him great pain; that he has suffered from loss of memory and his eyesight and hearing have been affected; that ever since the accident he has been incapable of mental activity, and suffers from despondency, mental and physical depression, and insomnia.</p> <p>Damages (81) — Personal Injuries — Excessive Verdict. A judgment for $7,500 for personal injuries is excessive, and plaintiff’ should be required to remit $2,500, where the evidence shows he suffered no permanent injury, but is suffering from traumatic neurasthenia, which prevents his working full time.</p>