Vasele v. Grant Street Electric Railway Co.

Citations

• 16 Wash. 602
• 48 P. 249
• 1897 Wash. LEXIS 365

Syllabus

<p>ACTION AGAINST RECEIVER — SUFFICIENCY OF COMPLAINT — STREET RAILROADS—INJURY TO PASSENGER — CONTRIBUTORY NEGLIGENCE.</p> <p>Iu an action against a corporation and its receiver to recover damages for personal injuries, the complaint fails to state a cause of action against the receiver, when the title of the cause simply designates him “receiver,” without preceding such designation by the word “ as,” and when the body of the complaint, while alleging that he is the duly appointed and acting receiver of the company, fails, to allege that he had charge of the company or its property as receiver, at the time of the accident, and further distinctly alleges that the negligent act complained of was that of a duly authorized agent of the company.</p> <p>When a motorman of an electric car stops same when signalled, at a place some fifteen or twenty feet beyond the crossing, and at a place which, being an elevated portion of the roadway, is dangerous by reason of the absence of electric lights and of a fence or railing, both of which it was the duty of the company under its franchise to maintain, and there waits for the intending passenger to come and board the car, the act constitutes such negligence on the part of the motorman as to render his employer responsible for injuries resulting therefrom.</p> <p>Whether the intending passenger would, under such circumstances, be guilty of contributory negligence in attempting to board the car is a question for the jury.</p>