Caywood v. Seattle Electric Co.

Citations

• 59 Wash. 566
• 110 P. 420
• 1910 Wash. LEXIS 1241

Syllabus

<p>Trial — Instructions—Issues-—Evidence. An instruction relating to continuous snow and freezing weather is warranted hy the evidence that dry snow began at 6:30 o’clock in the morning and continued until 6 o’clock in the evening, and that the highest temperature during the day was 22 degrees.</p> <p>Trial — -Instructions—Assumption oe Pacts. An instruction as to the rule to he applied hy the jury “if they find” that there was continuous snow and freezing weather during the day does not assume that such was the fact.</p> <p>Trial — Instructions—Taking Question erom Jury. The question of negligence on other points is not taken from the jury by an instruction which states that a special finding will be submitted on one question, where the other questions were submitted on other instructions.</p> <p>Carriers — Passengers—Contributory Negligence. Where a passenger on a street car has signaled the conductor to stop and the signal has been answered before he left his seat, he cannot justify his leaving the seat while the car was traveling at a high rate of speed by the fact that it was sometimes necessary for passengers to leave their seats in order to attract the attention of the conductor.</p> <p>Carriers — Passengers—Negligence—Snow and Ice on Steps. It is not evidence of negligence that snow and ice accumulated on the steps and at the entrance of a street car between the time a passenger boarded the car in the down town district and the time he reached his destination.</p>