Conner v. Seattle, R. & S. Ry. Co.

• Court: United States State Supreme Court of Washington
• Writing for the Court: PARKER, J.
• Citation: 105 P. 634,56 Wash. 310
• Parties: CONNER v. SEATTLE, R. & S. RY. CO.
• Decision Date: 13 December 1909

105 P. 634

56 Wash. 310

CONNER
v.
SEATTLE, R. & S. RY. CO.

Supreme Court of Washington

December 13, 1909

Department 2. Appeal from Superior Court, King County; Boyd J. Tallman, Judge.

Action by Sarah J. D. Conner against the Seattle, Renton & Southern Railway Company, a corporation. Judgment for plaintiff, and defendant appeals. Affirmed.

Morris B. Sachs, for appellant.

Morris, Southard & Shipley, for respondent.

PARKER, J.

This action was brought to recover damages for personal injuries alleged to have been sustained by the plaintiff while a passenger upon one of the defendant's cars. Plaintiff alleged, in substance, in her complaint: That on November 25, 1905, she boarded one of defendant's cars, as a passenger for hire, for the purpose of taking passage thereon; that defendant carelessly and negligently maintained and operated said car with a trapdoor in the floor thereof, near [56 Wash. 311] the entrance, over which plaintiff was required to pass in order to reach a seat; that said trapdoor was negligently maintained at a sufficient elevation above the floor of the car so as to be a menace and danger to persons passing over the same, all of which was unknown to her; that in passing from the rear entrance of the car to a seat therein, without any fault on her part, she stumbled upon said raised trapdoor, and [105 P. 635] by the sudden motion caused by the negligent starting of the car, and by her stumbling upon said door, she was violently thrown from her feet and precipitated upon the floor of the car with great force and violence and was severely injured thereby; that if defendant had used reasonable diligence and care in the construction, maintenance, and operation of the car, the accident and injury to her would not have occurred; that she was permanently crippled and deformed by reason of said injuries, describing them, and has suffered, and will suffer, great physical and mental pain, all to her damage in the sum of $20,000, for which she prays judgment against defendant. Defendant by its answer denied the allegations of negligence charged against it in plaintiff's complaint, and as an affirmative defense alleged, in substance, that, if plaintiff was at the time and place alleged by her a passenger upon its car, she was a gratuitous passenger traveling as such upon a pass issued at her request, without any consideration whatsoever to defendant, which was issued to and accepted by her under the conditions indorsed thereon, as follows: 'In consideration of this free pass I hereby agree to assume and do assume all risk of accidents, damages and loss of property sustained by me, and I...