Marbourg v. Seattle, Renton & Southern Railway Co.

Citations

• 49 Wash. 51
• 94 P. 649
• 1908 Wash. LEXIS 524

Syllabus

<p>Carriers — Passengers — Setting Down Passengers — Contributory Negligence. Where a conductor on a street car, in response to a passenger’s request to stop at a certain street, closed one gate, gave the signal to stop, and opened another gate, and the car slowed up and came to the point of stopping, the passenger is not negligent in attempting to alight while the car is in motion, although there was no platform on the side of the open gate; and the company is negligent in suddenly starting up the car before the passenger is safely off.</p> <p>Appeal — Review. Upon objection to a complaint in the supreme court, the same will be deemed amended to conform to the facts proven.</p>