Henry v. Seattle Electric Co.

Citations

• 55 Wash. 444
• 104 P. 776
• 1909 Wash. LEXIS 779

Syllabus

<p>Street Railroads — Collision With Vehicle — Contributory Negligence op Driver — Question eor Jury. It cannot be said as a matter of law, that the driver of a heavy meat wagon with a slow team is guilty of contributory negligence in driving upon a street car track to pass a wagon, thinking he had time to make the turn before the arrival of a street car which he saw approaching one block away, but the reciprocal duties of the driver and the motorman present a question for the jury.</p> <p>Evidence — Declarations—Bes Gestae. In an action for damages to a team and wagon in a collision with a street car, a statement made by the conductor of the car on the return trip, three-quarters of an hour later, that the motorman was “green at the business,” is an incompetent expression of an opinion, in no way explaining or characterizing the main fact, and hence is inadmissible as res gestae.</p>