Hyde v. Seattle Electric Co.

Citations

• 48 Wash. 393
• 93 P. 903
• 1908 Wash. LEXIS 879

Syllabus

<p>Carriers — Injuries to Passengers — Collision with Vehicle— Contributory Negligence in Alighting — Evidence—Sueeiciency. In an action by a passenger against a street car company for damages sustained by reason of a collision with, a wagon, the plaintiff was guilty of contributory negligence, and there was no sufficient evidence of negligence on the part of the company, and a nonsuit is proper, where it appears that plaintiff was standing on the open deck of the car preparing to alight by stepping down to the running board, that he saw a wagon ahead at the crossing traveling parallel with and near to the side of the track where regrading of the street was going on, but stepped down onto the running board attempting to get off in close proximity to the wagon, the wheels of which slipped - or lurched toward the track, and collided with the running board, causing the injury.</p> <p>Same — Negligence of Carrier — Watchman at Crossing. In such a case it is not negligence upon the part of the company to fail to keep a watchman at the place who should have prevented the wagon from traveling so close to the track, as regards passengers alighting.</p>