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

Citations

• 77 Wash. 655
• 138 P. 267
• 1914 Wash. LEXIS 957

Syllabus

<p>Carriers — Passengers—Relation—Street Railways — Accidents to Persons Near Tracks. Where plaintiffs had alighted from a street car upon a platform, and were walking along the side of the car, they ceased to be passengers, and the company was not liable when the car was started around a curve, causing the overhang of the car to swing out and strike the plaintiffs; as ordinary prudence required plaintiffs to take notice that there was an overhang to an ordinary street car when rounding a curve.</p> <p>Carriers — Injury to Passengers — Setting Down Passengers— Negligence — Evidence—Sufficiency. It is not negligence for a street car conductor to fail to notice that passengers who had alighted near a curve had placed themselves in a place of danger from the overhang of the car when the car was started around the curve, where it appears that the accident happened after dark, and the lights inside the car prevented the conductor from seeing anything outside.</p>