Norton v. City of Seattle

Citations

• 113 Wash. 408
• 194 P. 373
• 1920 Wash. LEXIS 843

Syllabus

<p>Appeal (465) — Review — Harmless Error — Cured by Verdict. Error in submitting an issue to the jury is cured where a proper conclusion was reached.</p> <p>Street Railways (23-29) —Negligence — Last Clear Chance — Question fob Jury. Whether a gripman had the last clear chance to avoid killing a child is a question for the jury, where there was evidence that the child was carried some distance on the fender of the car after being struck before the car was stopped and he was dragged under the fender.</p> <p>Death (9) — Actions — Contributory Negligence of Plaintiff. The mother of a deaf and dumb child is not guilty of contributory negligence, as a matter of law, precluding an action for the death of the child run over by a street car, where she used more than ordinary care, seldom allowing the child out of her sight for any appreciable time, and it had been visiting in the apartment below for but a few moments before running out on the street.</p> <p>Street Railways (28) — Negligence of Motorman — Sufficiency of Evidence. There is sufficient evidence of the negligence of a gripman, who struck and ran over a deaf and dumb child, where witnesses testified that his view was unobstructed, that the child ran out in front of the car without stopping, and that no effort was made to stop the car.</p>