47 Wash. 497 | Wash. | 1907
The plaintiff and appellant is a farmer who lives in Kitsap county, Washington, across Puget Sound to the west of Seattle. Having occasion to come to Seattle on the 14th day of September, 1906, he landed from a steamboat at the Galbraith wharf, located a little to the west of the foot of Madison street, in the city of Seattle. Desiring to visit Schwabacher’s hardware store, which is on the west side of First avenue, he proceeded from the wharf where he landed
At the close of plaintiff’s testimony the court sustained defendant’s motion for a nonsuit, upon the ground (1) that he had failed to show negligence on the part of the defendant, and (2) that it appeared from the plaintiff’s case that he was guilty of contributory negligence. Judgment was entered in favor of defendant, and from this judgment this appeal is taken.
We think the court did not commit error in sustaining this motion. ■ While this court, in common with all other courts, has held that the right to use the street was a joint right with the ordinary traveler, whether' equestrian or pedestrian, yet it has always recognized the patent fact that the cars traveling on fixed tracks must of necessity be accorded the right of way under-ordinary circumstances. If this were not true the management and running of street cars in a city would be rendered impracticable if not impossible. In this case the
Neither does it appear from the testimony that there was any negligence on the part of the motorman of the car. There is no proof that the car was running beyond its legitimate and ordinary speed. There is no proof that bells were not rung at the crossing, or that the ordinary precautions were not taken. There being room for the passenger to step out of danger every few steps all along the route which he
The judgment is affirmed.
Root, Mount, Rudkin, and Fullerton, JJ., concur.
. Hadley, C. J. and Crow, J., took no part.