Engelker v. Seattle Electric Co.

Citations

• 50 Wash. 196
• 96 P. 1039
• 1908 Wash. LEXIS 693

Syllabus

<p>Tbial — Instructions—Requests. It is not error to refuse requested instructions that are covered in the general charge.</p> <p>Street Railways — Negligence—Violation oe Speed Ordinance— Collision with Vehicle — Instructions. An instruction to the effect that it would he negligence if a street car that collided with a vehicle was exceeding the speed limit in the business or settled district of a city, is not objectionable as authorizing a recovery regardless of the negligence 'of the plaintiff, when other instructions required that plaintiff be in the exerdse of ordinary care.</p> <p>Same — Violation oe Ordinance as Negligence. Violation of a city ordinance, by exceeding the speed limit in the business or settled district of a city, constitutes negligence.</p> <p>Same — Instructions. In an action for injuries sustained by the driver of a wagon in a collision with a street car, it is not prejudicial error in giving a requested instruction as to the plaintiff’s contributory negligence, if the jury find that “the car was running at ordinary rate of speed” for the court to add “that is, not exceeding twelve miles an hour,” which was the prescribed speed limit alleged to have been violated, when read in connection with other proper instructions as to the care to he exercised by the plaintiff.</p>