Dunn v. Puget Sound Traction, Light & Power Co.

Citations

• 89 Wash. 36
• 153 P. 1059

Syllabus

<p>Carriers — Injuries—Taking on Passengers — Who Abe — Instructions. Upon an issue of fact as to whether plaintiff was a passenger upon defendant’s street car, it is error to instruct the jury that in law a person becomes a passenger when he approaches a car in such a manner that the conductor, in the exercise of reasonable care, should ascertain that such person intends to board the car.</p> <p>Same — Injuries—-Taking on Passengers — 'Who Are — Question por Jury. Whether plaintiff was a passenger upon defendant’s street car is a question of fact for the jury, where she testified that, while the car was waiting to take on passengers, she stepped on the first step before the gates were closed and was in the act of taking the next step when the car started, while the evidence of the defendant tended to show that the entrance gates were closed and the signal to go ahead given and that the car waited for the passing traffic and was started while the conductor was issuing transfers with his back turned to the closed gate.</p> <p>Trial — Instructions—Inconsistent Instructions. An erroneous instruction that a person is a passenger on a street car when he approaches in such a manner that the conductor should ascertain that he intends to board the car is not cured by a subsequent instruction that a person does not become a passenger unless his attempt to board the car is made before the gates are closed; since the inconsistent instructions tend to confuse the jury.</p>