Washington v. Spokane Street Railway Co.

Citations

• 13 Wash. 9
• 42 P. 628
• 1895 Wash. LEXIS 39

Syllabus

<p>INJURY TO PASSENGER ON STREET CAR—PLEADING—ALLEGATION OF NEGLIGENCE—CONTRIBUTORY NEGLIGENCE — REVISION OF DAMAGES BY TRIAL COURT — REVIEW.</p> <p>In an action for damages for personal injuries the complaint states a sufficient cause of action in the absence of a demurrer, when it alleges that plaintiff was injured by the collapse of a trapdoor in the floor of the car, under plaintiff’s weight, and that the collapse and falling in of the trap-door were caused by the negligence of defendent in failing to properly secure, adjust and fasten said trap door, and that the injury to plaintiff was without any fault or negligence on her part.</p> <p>Knowledge on the part of a passenger on an electric car that the car had been stopped and a trap-door in the floor raised and the Ynachinery inspected, after which the trap door was put down and the trip continued while she remained on board as a passenger, no warning having been given her of any defect, will not defeat an action for damages brought by the passenger for injuries received by reason of such trap-door giving way under her weight in alighting from the car.</p> <p>The action of the trial court in revising the amount of damages awarded by a jury will not be disturbed, when there is nothing in the record authorizing the interference of the appellate court.</p>