Christensen v. Union Trunk Line

Citations

• 6 Wash. 75
• 32 P. 1018
• 1893 Wash. LEXIS 227

Syllabus

<p>ELECTRIC RAILWAYS — CONTRIBUTORY NEGLIGENCE — EVIDENCE — WITNESS FEES.</p> <p>Where a driver attempts to cross a track in front of a rapidly approaching electric car, knowing of its approach, and his team is struck and injured by the car, he cannot recover for the reason that his own negligence contributed to the injury.</p> <p>In an action against an electric railway company for negligence it is irrelevant to prove that the motorman had run his car at a High rate of speed on other occasions.</p> <p>In the absence of proof that a conductor is necessary for the safe management of an electric car, it is error to admit testimony showing that there was no conductor upon a car at the time of an accident.</p> <p>Proof of the discharge of the motorman after an accident is immaterial in an action against the company for his alleged negligence.</p> <p>A witness who attends a trial and testifies upon request, without the service of a subpoena upon him, is entitled to compensation.</p>