72 Wash. 320 | Wash. | 1913
Lead Opinion
The respondent was struck by an automobile, driven by a chauffeur of the appellant, and received injuries for which he recovered in the court below. In this court but one principal question is urged in the argument, namely, was the respondent guilty of negligence contributing to his injury.
The respondent was injured while on Yesler Way, in the city of Seattle, at a point near the junction of the Way and James street. At this place, cars from various parts of the city have a common track, and stop there to receive and discharge passengers. The respondent approached the place at about 5:15 o’clock in the evening, intending to take a car for his home. There were two cars then standing on the car tracks, neither of which were bound for the vicinity of his residence, and he waited the approach of the proper car.
On the question of the degree of care required of persons while crossing public streets used by passing vehicles, the appellant cites from this and other courts a number of cases of injury caused by railroad trains and passing street cars; but it is at once apparent that these cases can hardly be said to be in point except as they may state general principles. The degree of care required of a pedestrian crossing a railroad or street car track is much higher than is the care required of one crossing an ordinary public street where only passing teams or automobiles are to be encountered. Railroad trains and street cars must move on a fixed track, and the track is, for that reason, at once a warning of danger and a marking of the zone of safety; the cars are heavy and
Neither do we think the case of Minor v. Stevens, 65 Wash. 423, 118 Pac. 313, in point with the contention of the appellant. That case was reversed and remanded because the court thought the jury had not determined' the question of the injured person’s contributory negligence, not that he was guilty of contributory negligence as a matter of law.
The special findings of the jury are not inconsistent with the general verdict. Failing to look for an approaching automobile before stepping into a street to take passage on a street car at the car’s usual stopping place, or failing to look for an automobile while on the way to such a car, is not negligence as a matter of law under all circumstances, and we do not think the facts in the,case before us justify the
The judgment is affirmed.
Mount, Ellis, and Main, JJ., concur.
Dissenting Opinion
(dissenting) — I dissent. The automobile came from the east, while respondent was walking southwest. The right front wheel of the automobile ran over the right foot of respondent as he advanced it for an additional step. It will thus be seen that part of the automobile passed a part of respondent’s body before it hit him. A second later and respondent would have walked into the machine. I am convinced respondent centered his entire attention on the street cars and gave no attention at all to other traffic on the street. Had he done so, he would not have been injured.