Weir v. Seattle Electric Co.

Citations

• 41 Wash. 657
• 84 P. 597
• 1906 Wash. LEXIS 1031

Syllabus

<p>Cabbiebs — Negligence—Passengeb Alighting Feom Street Cab— Question bob Juey. In an action for personal injuries sustained in falling from a street car, it cannot be said as a matter of law tbat tbe street car company was free from negligence or tbat tbe plaintiff was guilty of contributory negligence, and it is error to direct a verdict for tbe defendant, where there was a conflict in tbe testimony as to tbe custom of stopping cars on tbe far side of a certain street intersection, and it appears from tbe plaintiff’s testimony tbat, after having stopped at tbe switch on tbe other side of tbe intersection, tbe plaintiff informed tbe conductor tbat be desired to stop at said street, and insisted upon bis right to do so, whereupon tbe conductor signalled to tbe motorman to stop tbe car, and tbe plaintiff took bis position on tbe lower step with bis band on tbe extension rod to alight, while tbe car was slowly approaching tbe far side of the street; that instead of stopping, the speed of the car was increased 8 or 10 miles an hour, and the plaintiff was thrown or hurled from the same, without fault on his part; since notwithstanding conflicting evidence, the testimony of the plaintiff must he accepted and the jury might infer therefrom that the failure to stop the car in obedience to the signal was the proximate cause of the injury, and that the plaintiff had a right to presume that the car would come to a stop, and to act upon that presumption.</p> <p>Trial — Taking Case Prom Jury — Preponderance of Evidence. The rule that the trial court is justified in taking a case from the jury where the testimony so strongly preponderates that it would have been its duty to set aside a verdict in favor of the plaintiff, does not prevail in this state, since here the granting of a new trial rests in the discretion of the trial court and to concede the same power in directing a judgment would practically abrogate trial by jury.</p> <p>Same — Nonsuit—Directing Verdict — Effect. If