Denny v. Seattle, Renton & Southern Railway Co.

Citations

• 60 Wash. 426
• 111 P. 450
• 1910 Wash. LEXIS 1062

Syllabus

<p>Street Railroads — Collision With Vehicle — Negligence—Excessive Speed. In an action for injuries sustained in a collision of a street car with a vehicle, a nonsuit is properly denied, where there was evidence that the car was running thirty-five or forty miles an hour on a public street.</p> <p>Street Railroads — Collision with Vehicle — Contributory Negligence — Evidence—Sufficiency. In an action for injuries sustained in a collision of a street car and plaintiff’s wagon, the plaintiff is not guilty of contributory negligence, as a matter of law, where, before crossing the track, he looked back and saw a car approaching about two blocks away, and assumed that he had time to cross, but before he could do so the rear wheel was struck by the car running at the rate of thirty-five or forty miles per hour.</p> <p>Damages — Personal Injuries — Excessive Verdict. A verdict for $6,552.62 for the fracture of the skull and serious permanent injury to an able-bodied young man in the vigor of youth is not excessive.</p>