Mandel v. Washington Water Power Co.

Citations

• 83 Wash. 19
• 144 P. 921
• 1914 Wash. LEXIS 1619

Syllabus

<p>Carriers — Injuries to Passengers — -Proximate Cause — Evidence —Sufficiency. There is no evidence to sustain a verdict for personal injuries sustained by a passenger in a street car, where two men each with his elbow upon the window sill of the car in which he was riding, had their arms broken while the cars were passing each other on a double track line, and the windows were guarded by iron bars, and when the cars were backed up, it was found that there was a clearance between them of thirteen inches, and undisputed physical facts showed that there could have been no collision of the cars; since oral evidence must give way to physical facts, and the passengers could only have met with such an accident by permitting their arms to extend through the bars and come in contact.</p>