94 Wash. 545 | Wash. | 1917
On March 2, 1913, the respondent was riding in a taxicab which collided with a street car, in the city of Seattle, at the junction of James street and Third avenue. He brought this action to recover damages against both the street car company and the taxicab company. At the trial
The ultimate facts are as follows: About seven o’clock, in the evening of the date stated, the respondent and his family employed the Union Messenger & Taxicab Company to take them for a ride in a Ford taxicab. They were proceeding north on Third avenue on the right-hand side of the street. It was medium dark at that time, and the street lights were burning brightly. James street intersects Third avenue at right angles. As the taxicab approached James street, the respondent testified that he saw a cable car coming down James street about three car lengths from the intersection of that street with Third avenue. The taxicab at that time was about the same distance from the crossing. The cable car reached the intersection of these streets a little ahead of the taxicab. The cable car stopped in the middle of the crossing, as was customary. The taxicab approached the street car at a speed estimated at from four to twelve miles per hour, and struck the center of the street car immediately after that car had stopped. The respondent was thrown from the taxicab and injured.
The only negligence claimed against the street car company is that the motorman on the street car did not ring the bell before approaching the crossing. The evidence is ample that the bell was rung, but, assuming that the street car bell was not rung, there is no evidence of negligence on the part of the street car company. The purpose of the bell is to attract attention of persons who are liable to be in the way of the car. The testimony of the respondent himself shows that he saw the car three car lengths before it arrived at the crossing. The ringing of the bell would have
Ellis, C. J., Moréis, Main, and Chadwick, JJ., concur.