Chisholm v. Seattle Electric Co.

Citations

• 27 Wash. 237
• 67 P. 601
• 1902 Wash. LEXIS 383

Syllabus

<p>STREET RAILROADS-INJURY TO PEDESTRIAN-CONTRIBUTORY NEGLIGENCE -QUESTION POR JURY.</p> <p>The action of tbe court in taking a personal injury case from the jury on the ground of plaintiff’s contributory negligence was error, where the evidence showed that plaintiff in crossing a much-traveled street was run over by an electric car of defendant, which was running at the rate of from sixteen to twenty miles per hour, according to various witnesses, while the law prohibited a greater speed than twelve miles; that the motorman did not notice plaintiff until within thirty feet of him and that the car could not be stopped even when running at a lawful rate of speed in less than from fifty to seventy-five feet; that no bell was sounded or other alarm given; and that plaintiff on leaving the sidewalk to cross the street looked up and down and saw no car approaching from the direction in which he was afterwards run down.</p>