Peterson v. Seattle Electric Co.

Citations

• 71 Wash. 349
• 128 P. 650
• 1912 Wash. LEXIS 752

Syllabus

<p>Street Railways — Injuries to Persons on Track — Actions— Instructions. In an action for injuries sustained in a collision between a vehicle and a street car, an instruction that it was the duty of the motorman, when it became apparent to him that the plaintiff was about to cross the track, to use every care within his power to avoid a collision, is not prejudicially erroneous, where by other instructions the defendant was held to the rule of reasonable care.</p> <p>Same. In such a case, it is not error to refuse to instruct that the defendant was not required to give a warning of the car’s approach, where there was evidence that the car was going at a rate of speed which increased the hazards.</p> <p>Damages — Personal Injuries — Excessive Verdict. A verdict for $15,250, for a fracture of the hip joint, reduced by the trial court to $10,250, is still excessive, unless $2,500 is remitted, where there was considerable doubt and speculation as to the character of the injuries, the plaintiff walked six or eight blocks and back to see a physician six days after the accident, and there was no evidence that his earning' capacity had been impaired.</p>