Gielens v. Fidelity Transfer & Storage Co.

Citations

• 63 Wash. 383
• 115 P. 850
• 1911 Wash. LEXIS 1211

Syllabus

<p>Municipal Corporations — Use of Streets — Negligence—Actions —Ownership of Wagon. In an action for injuries sustained in a collision with an express wagon, there is sufficient evidence that the wagon belonged to the defendant, where it appears that the wagon bore defendant’s name,- no one else operated wagons with that name, and the driver was identified as one of defendant’s drivers.</p> <p>Same — Negligent Driving at Crossing. It is negligence to drive an express wagon rapidly over a slippery street with a load of gas pipes protruding from the hack of the wagon, and turn so abruptly at a crossing as to cause the back part of the wagon to slide towards a pedestrian and strike her with the pipes.</p> <p>Same — Contributory Negligence. It is not contributory negligence for a pedestrian to wait at a crossing for the passing of a rapidly approaching express wagon, at a place that would be out of danger if the- wagon were normally loaded, without any notice or reason to anticipate danger from gas pipes protruding 8 or 10 feet from the back of the wagon.</p>