Ziomko v. Puget Sound Electric Railway

Citations

• 112 Wash. 426
• 192 P. 1009
• 1920 Wash. LEXIS 789

Syllabus

<p>Street Railroads (19)—Injury to Person on Tracks—Duty to Stop, Look and Listen. One entering upon the track of an interurban railway, the service of which was in the nature of a street car service, is not imperatively bound by the rule of “step, look and listen,” as when crossing or entering upon the tracks of a railway engaged in a through service where stops are made only at fixed stations.</p> <p>Same (30)—Collision With Vehicle—Contributory Negligence —Question por Jury. Whether the driver of a vehicle upon a city street, struck by an interurban railway train, was guilty of contributory negligence was a question for the jury, where it being necessary to turn to the left onto the tracks to pass around an automobile parked at the curb, he looked back when two hundred feet away and saw no train approaching, and later, upon starting to turn his horse, he looked again and saw a train running backwards and almost upon him, too late to avoid being struck, and the operators of the train had notice of his danger in time to have stopped, and no bell was rung or warning given of the ’ approach of the train.</p> <p>Appeal (413)—Review—Verdict. Where the verdict is supported by evidence in kind or quantity such as the nature of the case requires, so that the question is one of mere preponderance of the evidence, and the trial court has refused to set the verdict aside, the supreme court will not interfere, even though it may believe that the verdict is against the weight of the evidence.</p> <p>Appeal (406)—Review—Discretion—New Trial. Whether the trial court does or does not express his views on the weight of the evidence upon denying a motion for a new trial will not be a distinguishing factor on appeal, but the inquiry will be limited to the question whether the verdict is supported by substantial evidence.</p> <p>Street Railroads (30) —Contributory Negligence — Evidence— Question for Jury There was sufficient evidence to make a question for the jury upon an issue as t