Skinner v. Tacoma Railway & Power Co.

Citations

• 46 Wash. 122
• 89 P. 488
• 1907 Wash. LEXIS 572

Syllabus

<p>Street Railways — Persons on Track — Duty of Motorman. When a street car motorman sees a man ahead in the street under no disability, he may assume that the other will exercise due care for his own safety, and it is not necessary for him to stop the car until he sees that the other is in apparent danger.</p> <p>Same — Care Required at Crossing. It is not negligence for a motorman to fail to have a street car under absolute control at a street crossing so that it may he stopped immediately, where the track is clear and there were no passengers to take on at the far crossing.</p> <p>Same — Crossings—Contributory Negligence of Pedestrian. A person is guilty of contributory negligence, as a matter of law, in stepping, on a dark night, in front of an approaching street car ten feet away, with its headlight burning, running within the speed limit, where a car hound in the opposite direction had passed and he knew that the cars were accustomed to meet there, and where the approaching car was in open view for a considerable distance while he was picking his way slowly across the mud and water in the street, without either hearing or seeing the car.</p>