55 Wash. 651 | Wash. | 1909
On February 19, 1908, the respondent was injured in a collision between a street car operated by appellant and a wagon and team of horses driven by respondent. An action brought against the railway company for personal injuries resulted in a judgment in favor of the plaintiff for $3,000. The defendant appeals from that judgment, and argues that the trial court erred in denying appellant’s motion for a nonsuit, in giving certain instructions, and denying a motion for new trial upon the ground that the verdict is excessive.
It appears that, about 7:30 o’clock, on the evening of February 19, 1908, respondent was driving a heavy wagon along the shore of Lake Washington, upon a plank roadway
When respondent came up to Weed station, he crossed the street car track in front of appellant’s car, which was stopped at that point permitting passengers to alight. At that time the car and respondent were headed in the same general direction. The car was outward bound from Seattle. The car soon thereafter passed respondent and crossed Oberlin street ahead of him and proceeded on to Rainier Beach station. The car was standing at the latter place when respondent reached Oberlin street. Respondent, thinking that the car would go ahead beyond that point, attempted to cross over the tracks. The car, instead of going beyond Rainier Beach station, immediately started back towards Seattle, and ran into the wagon respondent was driving, injuring the respondent and destroying the wagon.
The respondent was familiar with the road, and with the operation of the cars at that place. He knew the place of crossing and the distances between the stations. The car track was a single track, and was operated by a block system at those points. When a car came into the block, a light was turned on indicating that the car was going out. When the car arrived at the end of the block which was beyond Rainier Beach station, another light was turned which would indicate that the car was coming back. These lights were for the use of the railway company to protect cars against each other, but respondent was acquainted with the method of their use, and testified that, when he came to Oberlin crossing, he saw the car about two hundred and
Appellant argues that, respondent knowing the distances he would have to travel in order to make the crossing, and knowing that the car was coming toward him or would soon be coming back, he was guilty of negligence in attempting to make the crossing ahead of the car. Appellant relies upon the following cases in support of that position: Criss v. Seattle Elec. Co., 38 Wash. 320, 80 Pac. 525; Coats v. Seattle Elec. Co., 39 Wash. 386, 81 Pac. 830; Davis v. Couer d’ Alene & Spokane R. Co., 47 Wash. 301, 91 Pac. 839; Snowdell v. Seattle Elec. Co., 54 Wash. 323, 103 Pac. 3.
The last case cited clearly distinguishes this case from the 'previous cases, and is in point here to the effect that, where a person sees a car coming at an ordinary rate of speed, in a busy street in a populous city, on an up-grade, half a
After the court had instructed the jury to the effect that it was respondent’s duty to stop, look, and listen before attempting to cross a track, the instruction continued as follows :
“But if you find that the car which struck the wagon and team which plaintiff was driving was standing still at the time when plaintiff started to drive across the car track of the defendant, then in that event plaintiff was not required as a matter of law to stop and listen before starting to drive across said car track, unless you find that the conditions surrounding said car and the acts and conduct of those in charge of said car were such as to indicate to an ordinarily careful and prudent person that said car was in the act of starting and was about to start.”
It is next argued that the verdict is excessive by reason of the fact that there was no permanent injury proven. The evidence of the doctors was conflicting upon this point. After reading the evidence, we' are of the opinion that it is not so excessive as to justify a reduction.
The judgment is therefore affirmed.
Rudkin, C. J., Crow, Dunbar, and Parker, JJ., concur.