Mey v. Seattle Electric Co.

Citations

• 47 Wash. 497
• 92 P. 283
• 1907 Wash. LEXIS 795

Syllabus

<p>Street Railroads—Injury to Persons on Track—Contributory Negligence—Evidence—Sufficiency. A pedestrian is guilty of contributory negligence, precluding a recovery, in walking on a street car track in a city where cars were constantly passing, at a point where the sidewalk and part of the street was fenced off or taken up with building operations, where there was room, every few feet, for him to get off the track to allow a car to pass and he failed to keep on the lookout for cars coming up behind.</p> <p>Same—Negligence of Motorman—Evidence—Sufficiency. In such a case, a motorman has the right to assume that the man would step off the track upon the approach of a car, and the company is not shown to be guilty of negligence by reason of running down the plaintiff, where the car was running at ordinary speed, and there was no proof that ordinary precautions were not taken.</p>