Richmond v. Tacoma Railway & Power Co.

Citations

• 67 Wash. 444
• 122 P. 351
• 1912 Wash. LEXIS 1197

Syllabus

<p>Street Railroads — Negligence—Injury to Pedestrian — Question for Jury. The question of the negligence of a street car company, in running down a pedestrian at a street crossing, is for the jury, where it appears that the car passed another standing car taking on passengers at a crossing, traveling at a speed of 25 or 30 miles an hour, the speed limit being 20 miles an hour, that no effort was made to reduce speed until opposite the standing car, in violation of rules of the company, and that the car struck plaintiff on the far crossing after going 51 feet, and traveled 150 feet before it was stopped.</p> <p>Same — Contributory Negligence — Question for Jury. The contributory negligence of a pedestrian, running across street car tracks on the west side of a street crossing, to catch a waiting car on the tracks on the east side of the street, is for the jury, where plaintiff looked when 45 feet from the track, where he had a view for 200 feet, and saw no street car approaching, but. was struck while crossing by a car exceeding the speed limit and traveling 25 or 30 miles an hour; since he need not stop to look and listen; contributory negligence involving affirmative proof of the fact, which is more than a mere failure of required affirmative proof.</p> <p>Appeal — Review—Harmless Error — Instructions. It is harmless error to give an instruction as to plaintiff’s right to recover, although negligent, if the defendant had the last clear chance to avoid the accident, there being no evidence warranting its submission, where the jury by a special verdict found that the plaintiff was not guilty of contributory negligence.</p> <p>Street Railroads — Negligence—Injury to Pedestrian — Violation of Speed Ordinance — Instructions. A pedestrian, struck by a car exceeding the speed limit, is presumed to know the local laws and is therefore entitled to an instruction that he had a right to assume that street cars would not exceed the speed limit in passing the crossing, althoug