McIlwaine v. Tacoma Railway & Power Co.
Washington Supreme Court
Appeal from a judgment of the superior court for Pierce county, Clifford, J., entered April 3, 1912, upon the verdict of a jury rendered in favor of the plaintiff, in an action for injuries sustained by a passenger in alighting from a street car.
1Opinion of the CourtMorris, J.
The errors here assigned are to instructions given the jury in a case where the issue was whether Mrs. Mc-Ilwaine boarded one of appellant’s cars as it made a safety stop, and, when informed by the conductor that the car was going to the barn, started to get off, and while attempting to do so, the car was suddenly started forward, throwing her to the ground, and inflicting the injuries complained of; or, as claimed by appellant, that she recklessly attempted to alight from the car in an improper manner while it was in motion.
The first instruction complained of is this:
“The court instructs you…
2Cited by3 opinions
- Lieske v. NatsuharaWashington Supreme Court · 1931
- Dahline v. City of SeattleWashington Supreme Court · 1931
- Travis v. SchneblyWashington Supreme Court · 1916