Elliott v. Seattle, Renton & Southern Railway Co.

Citations

• 68 Wash. 129
• 29 L.R.A.N.S. 608
• 122 P. 614
• 1912 Wash. LEXIS 1259

Syllabus

<p>Appeal — Review—Verdict. A verdict upon conflicting evidence establishes the facts, although the appellate court may think the opposite view better sustained by the evidence.</p> <p>Carriers — Injuries to Passengers — Street Cars — Complaint. A complaint for injuries sustained by a passenger on an overcrowded street car states a cause of action, where it alleges as one of the causes of the accident the negligent running of another car in the opposite direction on an adjoining track without giving any warning or signal of its approach-</p> <p>Same — Negligence—Failure' to Maintain Gates — Evidence—Sufficiency. A carrier is chargeable with negligence rendering it liable to a passenger struck by a car on another track while alighting from the wrong side of the car, after some unknown person had opened the gate on that side, where a city ordinance required it to equip its cars with gates so as to make it impossible for passengers to enter or alight on that side, the car in question was so crowded that it was impossible for the safeguards to be under the eye of the conductor, and the car on the opposite track approached at a dangerous rate of speed without warning or signal of its approach.</p> <p>Same — Contributory Negligence — Riding on Platform. The contributory negligence of a passenger in riding on the platform of a street car when he might have ridden inside, is immaterial where he was injured in alighting.</p> <p>Same — Contributory Negligence — Alighting — Question for Jury. The contributory negligence of a passenger in attempting to alight on the wrong or left side of the car is for the jury, where a car with seating capacity for 40 persons, was crowded with 125 passengers, and the plaintiff testified that the right entrance was so crowded that he could not reach it.</p>