Morris v. Seattle, Renton & Southern Railway Co.

Citations

• 66 Wash. 691
• 120 P. 534
• 1912 Wash. LEXIS 832

Syllabus

<p>Trial — -Nonsuit—Weight oe Evidence. In passing on a motion for a nonsuit, where plaintiff’s evidence was vague, the court is justified in taking into consideration expert evidence that plaintiff’s mind had been affected by the accident.</p> <p>Street Railways- — Collision with Vehicle — Contributory Negligence — Question for Jury. It is not contributory negligence per se to fail to look and listen before driving across a street car track at a city street crossing; and the question is for the jury where the car was some distance away running at a high rate of speed, and the wagon would have cleared the track if the car had slowed down or been going at a reasonable rate of speed.</p> <p>Same — Proximate Cause. The contributory negligence of the driver of a wagon in crossing a street car track at a city street crossing will not preclude a recovery if the motorman could have stopped the car in time to avoid the accident had it been going at a reasonable rate of speed; since the right of way at the crossing is' not absolute, and the motorman’s negligence was the proximate cause.</p> <p>Appeal — Review—New Trial — Discretion. The denial of new trial for insufficiency of the evidence, where it was palpably conflicting, is not an abuse of discretion, and will not be disturbed on appeal.</p>