Helliesen v. Seattle Electric Co.

Citations

• 56 Wash. 278
• 105 P. 458
• 1909 Wash. LEXIS 888

Syllabus

<p>Street Railroads — Crossings—Contributory Negligence of Pedestrian — Duty to Look and Listen. A pedestrian, struck at a crossing by a well lighted street car, at night, is guilty of contributory negligence, as a matter of law, although she testified that she looked east just a moment before stepping on the track and saw no car and heard no bell, where it appears that had she looked as she said she did she must have seen a lighted car about forty feet east of the crossing, approaching at ten miles an hour; since the rule that one need not stop, look and listen before crossing a street car track does not permit one to heedlessly and carelessly cross the track; the rights of the parties being equal.</p> <p>Same. In such case the test is, did the pedestrian use ordinary care, and the circumstances may be so conclusive as to make failure to look and listen, or such inattention as to know nothing of an approaching car, contributory negligence as a matter of law.</p> <p>Fullerton, J., dissents.</p>