Harris v. Seattle, Renton & Southern Railway Co.

Citations

• 65 Wash. 27
• 117 P. 601
• 1911 Wash. LEXIS 893

Syllabus

<p>Carriers — Setting Down Passengers — Unlighted Plateobm. It is negligence for a street car company to maintain for the use and convenience of passengers, raised platforms in a street, without guard rails or lights necessary to enable passengers to leave the same with safety.</p> <p>Carriers — Passengers—On Platform — Continuance of Relation. Where a street car company maintains raised platforms in a street for the use and convenience of passengers leaving cars, the relation of carrier and passenger exists until the passenger has an opportunity to leave the platform in safety.</p> <p>Same — Platforms as Stations — Instructions. Where a street car company maintains platforms in ah ungraded street which required passengers on out-bound cars to use both platforms and a connecting walk in order to reach the street, the jury is properly instructed on the theory that the platforms and walk were maintained as a station, although it maintained no depot or waiting room.</p> <p>Same — Trial—Instructions—Harmless Error. In an action for injuries to a passenger alighting upon a defective platform, an instruction that a carrier owes the highest degree of care consistent with the operation of its business is not prejudicial, when immediately followed by an instruction that it owed the duty to keep its • platforms in a reasonably safe condition.</p> <p>Same — Passengers—Contributory Negligence — Instructions. In an action for injuries sustained by a passenger alighting in the dark upon a platform without guard rails, it is not error to refuse to instruct as to the plaintiffs duty if she had knowledge that the platform was raised, where the jury was properly instructed as to her contributory negligence, and she had alighted at the place only twice, one and two years before.</p> <p>Evidence — Demonstrative Evidence — -Models. Wooden models, fairly representing the place of an accident, are admissible, within the discretion of the court, to illustrate the conditions, although not d