Smith v. Union Trunk Line

Citations

• 18 Wash. 351
• 45 L.R.A. 169
• 51 P. 400
• 1897 Wash. LEXIS 170

Syllabus

<p>STREET RAILROADS—ACCIDENT TO PASSENGER AT STREET CROSSING — NEGLIGENCE AND CONTRIBUTORY NEGLIGENCE—INSTRUCTION ON COMPARATIVE NEGLIGENCE—WHEN HARMLESS.</p> <p>Whether the act of a passenger in alighting from a cable car at a street crossing and. attempting to cross in front of another car approaching from the opposite direction on a close and parallel track without stopping to look or listen is negligence, is a question for the jury and not one of law for the court, when it appears that the ear approaching from the opposite direction was bearing down on the street crossing and the other car at a high rate of speed without ringing a bell or giving any other warning, and with the gripman’s attention otherwise directed than to a strict performance of his duties, since ordinary care does not require a pedestrian at a street crossing to anticipate such negligence on the part of those operating an approaching car.</p> <p>An instruction in an action to recover damages on account of defendant’s negligence, which lays down the doctrine of comparative negligence is not prejudicial, in view of special findings by the jury that the plaintiff was not guilty of any negligence.</p>