Humphreys v. City of Seattle

Respondent was injured while riding as a passenger on a street car owned and operated by appellant, and this action was instituted to recover damages therefor. The case was tried before the court with a jury, judgment rendered in favor of the city of Seattle, and a new trial granted solely by reason of the fact that the jury were improperly instructed on the question of negligence; and from the order granting a new trial, this appeal is taken.

The court instructed the jury on the theory that appellant, in the operation of its street cars, owed to respondent ordinary care, whereas this court…