Kroeger v. Seattle Electric Co.

Citations

• 37 Wash. 544
• 79 P. 1115
• 1905 Wash. LEXIS 767

Syllabus

<p>Carriers — Passenger Entering Car Barn — Improper Place to Take Car — Negligence—Faulty Construction op Barn./A street railway company is not a common carrier as to cars housed in its car barn over night for the purpose of repairs and cleaning, although four to six people on an average entered the barn every morning between the hours of 5 and 6 A. M., for their own convenience, without invitation, for the purpose of waiting for and taking the first car to distant points; and hence is not liable to passengers for injuries resulting from the faulty construction of the barn, there being nothing in the place to mislead or induce one to believe that it was a proper place to take a car, and all the surroundings indicating the purpose for which the barn was constructed and used-y^</p> <p>Same — Contributory . Negligence op Passenger — Endeavor to Enter Car at Improper Place. Where a passenger enters a car barn at an unusual and dangerous place to enter a car, and, after the signal to start the car is given, undertakes to enter the front entrance of the ear when it is only three or four feet from the barn door, in a passage way so narrow that he would inevitably be caught and crushed between the car and door unless he succeeded in making the entrance before it reached the door, and where he had better opportunity than any one else of observing the dangers, he is, as a matter of law, guilty of contributory negligence which was the proximate cause of his injury, and it is error to fail to so instruct the jury.</p>