128 Wash. 553 | Wash. | 1924
Lead Opinion
Respondent recovered judgment for damages resulting from injuries received by bis
Appellant does not ask for a new trial, but relies entirely upon its motion for judgment notwithstanding the verdict.
It is contended that there was no negligence shown on the part of appellant and that there was contributory negligence on the part of respondent. There is testimony that there was no warning of any kind given by the motorman of the street car, and that he stated to respondent immediately after the accident: “Where did you come from? I never saw you until I heard the crash.” There was some testimony that the street ear was. going at the rate of thirty miles an hour and ran two hundred feet from the point of the collision before stopping.
This is not a case where a person claims to have looked for an approaching street car in plain view and no reason given for not seeing the same. The testimony of the respondent shows that, because of the snow storm, one could not see further than twenty feet from the automobile. Under the testimony of respondent we cannot say, as a matter of law, that he was guilty of contributory negligence. It was for the jury to determine whether or not respondent acted as a reasonably prudent person would have acted under the circumstances. Reed v. Tacoma R. & P. Co., 117 Wash. 547, 201 Pac. 783; Goldsby v. Seattle, 115 Wash. 566, 197 Pac. 787; Nabours v. Seattle, 113 Wash. 557, 194 Pac. 800.
The facts having been properly submitted to the jury, the judgment is affirmed.
Dissenting Opinion
(dissenting) — I dissent because I think the testimony conclusively shows that respondent was guilty of contributory negligence.