Atwood v. Washington Water Power Co.
Washington Supreme Court
Appeal from a judgment of the superior court for Spokane county, Sullivan, J., entered February 5, 1912, upon the verdict of a jury rendered in favor of the'plaintiifs, in an action for personal inj uries sustained by a passenger on a street car.
1Opinion of the Court
Morris, J
The respondents, alleging injury to Mrs. Atwood through negligence of appellant, while a passenger upon one of its cars, recovered judgment below, from which appeal is taken. Many errors are assigned, but finding one which in our opinion demands a reversal of judgment, we will discuss that alone.
The defense was a denial of negligence on the part of appellant, and a charge of contributory negligence on the part of Mrs. Atwood. The court, among other instructions, charged the jury as follows:
“(19) The defendant having alleged the defense of contributory negligence the burden rests upon…
2Cited by5 opinions
- Hines v. FosterWashington Supreme Court · 1932
- Atwood v. Washington Water Power Co.Washington Supreme Court · 1914
- Brammer v. PercivalWashington Supreme Court · 1925
- Murray v. AmrineCourt of Appeals of Washington · 1981
- Aitonen v. MorseWashington Supreme Court · 1925