Henry v. Grant Street Electric Railway Co.

Citations

• 24 Wash. 246
• 64 P. 137
• 1901 Wash. LEXIS 523

Syllabus

<p>STREET RAILROADS-NEGLIGENCE-STOPPING CAR FOR PASSENGER TO ALIGHT AT DANGEROUS PLACE.</p> <p>A street railway company is guilty of negligence, when the conductor on one of the cars, having been informed by a passenger that he desired to get off at a certain point, calls out the destination and rings the bell for the motorman to stop, but the car is allowed to run some fifty feet beyond the landing, stopping on a trestle where it is dangerous to alight, and the passenger is put off at' that point and informed that his destination is “Right across there.”</p> <p>SAME — CONTRIBUTORY NEGLIGENCE.</p> <p>A passenger, upon a street car is not guilty of contributory negligence in alighting therefrom in a dangerous place, though he was familiar with the surroundings, where the night was dark, and he had indicated to the conductor to stop at the proper landing place on a trestle upon which the track was laid above the tide flats, but the car had been allowed to run fifty feet beyond the landing, and the conductor, after calling out the name of the destination desired by the passenger, put him off in the unusual and dangerous place at which the car had stopped, and the passenger, in reliance upon the conductor’s having put him off at the regular stopping place, did not take the precaution to observe the position he was in, and, on taking a step away from the car, was precipitated some twelve or thirteen feet from the trestle upon the tide flats below.</p> <p>INSTRUCTIONS — RELEVANCY TO ISSUES.</p> <p>In an action to recover for personal injuries received by reason cf alighting from a street car at a dangerous place, after having been carried beyond the proper landing place, without notification from the defendant’s employees, it is not error to refuse a requested instruction by defendant as to the degree of care required of a carrier of passengers in maintaining its platforms and landings in a safe condition.</p> <p>SAME-CONSTRUCTION AS A WHOLE-HARMLESS ERROR.</p> <p>Althoug