Mueller v. Washington Water Power Co.
Washington Supreme Court
Appeal from a judgment of the superior court for Spokane county, Kennan, J., entered March 2, 1909, upon the-verdict of a jury rendered in favor of the plaintiff for $6,750,. for personal injuries sustained by a passenger in alighting from a street car.
1Opinion of the CourtChadwick, J.
This is an action instituted to recover-damages for personal injuries, sustained by respondent Emma A. Mueller because of the alleged negligence of appellant. It is first assigned as error that the demurrer to-the complaint should have been sustained, because the complaint was drawn upon the theory that the car was in motion at the time Mrs. Mueller attempted to alight, and that because of defective eyesight she did not know, and could not by the exercise of ordinary diligence discover, that the car was in motion- This taken alone and upon technical consideration may subject the complaint to…
2Cases cited2 opinions
- Jordan v. Seattle Renton & Southern Railway Co.Washington Supreme Court · 1907
- Blakney v. Seattle Electric Co.Washington Supreme Court · 1902
3Cited by11 opinions
- Rich v. CampbellWashington Supreme Court · 1931
- Valentine v. Northern Pacific Railway Co.Washington Supreme Court · 1912
- Fleming v. Red Top Cab Co.Washington Supreme Court · 1925
- Chadwick v. EkWashington Supreme Court · 1940
- Gentry v. Greyhound Corp.Washington Supreme Court · 1955
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