Railroad Reports Volume 64

Railroad Reports Volume 64

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1912 edition. Excerpt: ...to Use Street.--In an action for injuries in a collision between an automobile and a street car, a request to charge that if the automobile was being operated on the track when it was unnecessary to do so, and when a car might be expected at any moment, and that fact contributed to the injury and was also apparent to plaintiff, then plaintiff was negligent, and could not recover. was properly refused, as a traveler may lawfully use any part of the street he pleases when it is not in the immediate use of another, though there is no other requirement for him so to do than of convenience. Department 1. Appeal from Superior Court, King County; Wilson R. Gay, judge. Action by Alexander Pantages against the Seattle Electric Company. Judgment for plaintiff, and defendant appeals. Reversed, and new trial ordered. James B. Howe and Hugh A. Tait, for appellant. John E._Ryan and E. M. Stanton, for respondent. FULLERTON, J. The appellant owns and operates a street railway system in the city of Seattle. The respondent owns an automobile, and while being driven therein collided with one of the appellant's cars. The effect was to demolish the automobile and slightly injure the respondent. This action was brought to recover damages for the injury suffered. There was a former trial of the cause in which the respondent recovered a judgment, which, on appeal to this court, was set aside for errors occurring at the trial. Pantages v. Seattle Electric Co., 55 Wash. 453. 104 Pac. 629. After the cause had been remanded, a second trial was had, which also resulted in a verdict and judgment for the respondent. This appeal is from the lastmentioned judgment. The errors assigned will be noticed in their order. ' 1 On the first trial at a Mrs. Goss was called...show more

Product details

  • Paperback | 388 pages
  • 189 x 246 x 20mm | 689g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236928822
  • 9781236928825