47 Wash. 500 | Wash. | 1907
Action by Charles A. Russell against Seattle, Renton & Southern Railway Company, a corporation, to recover damages for personal injuries. The plaintiff alleged that on August 5, 1906, while he was a passenger for hire on one of defendant’s cars, traveling from Seattle to Renton, the defendant, its agents and servants, so carelessly operated said car and other cars on its railway that, when the car on which plaintiff was riding had proceeded to Atlantic City, it was run into and struck by another car coming from the opposite direction on the same track, causing a collision; that just before the actual collision and to save himself from impending danger, the plaintiff jumped from the car on which he was riding, and that in so doing he sustained injuries to luis right ankle. The defendant admitted the collision, but denied other allegations of the complaint. From a judgment for $500 entered on the verdict of a jury, the defendant has appealed.
Appellant admits the rule of law to be that when a collision occurs between two of its cars, the happening of such collision raises a presumption of negligence on its part which it will be necessary for appellant to overcome to avoid liability for injuries received by one of its passengers as the result of such collision. Relying, however, upon the allegations of the complaint, the appellant, in support of its principal assignment of error, contends that, having alleged the collision was the result of particular and specific acts of negligence,
As the appellant admitted the collision and failed to show its cause, we hold that, under the pleadings and evidence, the only remaining issue to be determined in this case was the amount of damages to which the respondent, if injured, was entitled. There is evidence tending to show that he was injured. The appellant contends that the amount of recovery is excessive, but we do not feel that, under all the evidence—which was conflicting, we would be justified in interfering with the verdict of the jury. We have carefully examined the entire record and have considered all the assignments of error presented, but are unable to find that any
The judgment is affirmed.
Hadley, C. J., Dunbar, Rudkin* and Fullerton, JJ., concur.
Mount and Root, JJ., toolc no part.