McCormick v. Seattle Electric Co.

Citations

• 49 Wash. 652
• 96 P. 220
• 1908 Wash. LEXIS 643

Syllabus

<p>Carriers — Passengers—Setting Down Passengers — Evidence— Sufficiency. There is sufficient evidence to sustain a finding that a street car step was defective, where the plaintiff, a woman weighing 250 pounds, testified that it sagged down when she stepped upon it, and caught and held the heel of her shoe.</p> <p>Same — Instructions — Contributory Negligence — Comparative Negligence. In an action by a passenger for personal injuries sustained in alighting from a street car, it is proper to instruct that the plaintiff is not required to be absolutely free from any neglect whatever, that that would require extraordinary care, the exercise of ordinary care being sufficient, and that plaintiff may exercise ordinary care although “guilty of slight neglect in the broadest sense of the term”; and the same does not indorse the doctrine of “com parative” negligence.</p>