Cathey v. Seattle Electric Co.

Citations

• 58 Wash. 176
• 108 P. 443
• 1910 Wash. LEXIS 913

Syllabus

<p>Street Railways—Collision with Vehicle—Negligence—Question for Jury. The negligence of a motorman on a street car in failing to avoid a collision with an ice wagon is for the jury, where it appears that the horses became frightened and could not be kept from crowding onto the car track while the street car was a block away, that the motorman could have observed the team, brought his car under control, and avoided the injury, and the driver of the team, an experienced man, did all he could to avoid it.</p> <p>Jurors—Selection—Statutes—Courts—Common Law Powers. Jurors selected in May, 1909, to serve during the next month, under the law in force at the time of their selection, may serve during such June term, although by the act of 1909, taking effect June 8, the former laws were repealed and a new method provided for selecting jurors for each ensuing month, leaving no law in force for the selection of jurors in June, 1909, in view of the constitutional authority of the superior courts and their common law power to provide juries.</p> <p>Negligence—Imputed Negligence—Driver of Vehicle. In an action for injuries received by one riding with the driver of an ice wagon, in collision with a street car, it is proper to instruct that the plaintiff may recover notwithstanding negligence on the part of the driver of the team, if the plaintiff did not cause and was not responsible for such negligence, had no control over the driver, and was not guilty of negligence himself.</p>