Chase v. Seattle Taxicab & Transeer Co.

Citations

• 78 Wash. 537
• 139 P. 499

Syllabus

<p>Municipal Corporations — Use of Streets — Automobiles—Negligent Driving — Evidence—Sufficiency. The negligence of the driver of a taxicab in striking a pedestrian, within three feet of the curb while rounding a curve, is sufficiently established, where there was evidence that the streets were well lighted' and unobstructed, that the pedestrian was crossing the street at a crossing and for half a block in full view of the driver, who sounded no warning of his approach.</p> <p>Same — Contributory Negligence — Question for Jury. Whether a pedestrian crossing a street at a crossing is guilty of contributory negligence in failing to look a second time, is a question for the jury, where it appears that, when about the middle of the street, he looked and saw a taxicab approaching one block away, and continued in his course without hesitation or vacillation.</p> <p>Same — Collision With Automobile — Proximate Cause — Last Clear Chance. The negligence of the driver of a taxicab which struck a pedestrian at a street crossing, is the proximate cause of the accident, and the pedestrian’s contributory negligence is only a remote cause, if he was proceeding in a way to indicate to the driver that he was unconscious of the approach of the car, and the driver saw or should have seen him, and observed his peril in time to avoid striking him.</p> <p>Damages — Personal Injuries — Excessive Verdict. A verdict for $1,000 for personal injuries sustained by a longshoreman, 58 years of age, earning $15 dollars a week, is not excessive, where he sustained a fracture of the elbow, and a sprain of the shoulder, which was slow in repair, he had lost $200 in wages and1 incurred a doctor’s bill of $75, and was earning but $5 per week more than four months after the accident, and might be prevented from performing hard labor for a considerable time.</p>