Tecklenburg v. Everett Railway, Light & Water Co.

Citations

• 59 Wash. 384
• 109 P. 1036
• 1910 Wash. LEXIS 1208

Syllabus

<p>Street Railroads — Collision at Street Crossings — Negligence— Contributory Negligence — Question for Jury, In an action for injuries to horses and a furniture van in a collision with a street car, the negligence of the motorman, and the contributory negligence of the driver of the team, are for the jury, where there was evidence to the effect that the driver of the van, traveling about fifteen feet from and parallel to the track, looked back before attempting to cross the track at a street crossing, and saw no ear approaching because he could see back only about half a block on account of the curtains on the van, that the car was approaching from behind at the rate of twenty-five miles an hour, without bell or signal, and not under control, at a street crossing in a well-settled portion of the city where the speed limit was ten miles an hour, and struck one of the horses before the team could be turned back, carrying the horse fifty-five feet and running twenty feet further before it was stopped.</p> <p>Evidence — Opinions—-Nonexperts—Speed of Cae. Nonexpert witnesses, who have an opportunity for observation in the case at hand, may give their opinions as to the rate of speed at which a street car approached a street crossing and collided with a team.</p> <p>Appeal and Error- — Preservation of Grounds — Objections to Evidence — Sufficiency. In an action against a street car company for injuries to a team, struck by a car traveling in a city street at the rate of twenty-five miles an hour, in which the defendant street car company admitted ownership of the franchise under which the complaint alleged it was operating, an objection as irrelevant and immaterial, upon plaintiff’s offer of a certain ordinance “as the franchise ordinance of the defendant company,” to show the speed limit, does not raise the objection that the ordinance offered granted a franchise to another company, its successors and assigns, and not to the defendant company; since the objection shoul