Worsey v. Tacoma Railway & Power Co.

By this action the plaintiff sought to recover for the death of her husband, which she claimed was caused by the negligence of the defendant. In the answer, an affirmative defense of contributory negligence was pleaded. The case came on for trial before the court and a jury. At the conclusión of all the evidence, the defendant moved for an instructed verdict, and the court thereupon withdrew the case from the jury and entered a judgment dismissing the action, from which the plaintiff appeals.

The respondent owns and operates a street railway system in the city of Tacoma. The accident which…