Legal Opinion

Atwood v. Washington Water Power Co.

Washington Supreme Court

Decided January 7, 1913No. 10502PublishedCited by 5 opinions

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

  1. Hines v. FosterWashington Supreme Court · 1932
  2. Atwood v. Washington Water Power Co.Washington Supreme Court · 1914
  3. Brammer v. PercivalWashington Supreme Court · 1925
  4. Murray v. AmrineCourt of Appeals of Washington · 1981
  5. Aitonen v. MorseWashington Supreme Court · 1925

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API