Johnson v. Washington Water Power Co.
| Decision Date | 26 May 1913 |
| Citation | 132 P. 392,73 Wash. 616 |
| Parties | JOHNSON v. WASHINGTON WATER POWER CO. |
| Court | Washington Supreme Court |
Department 1. Appeal from Superior Court, Spokane County; Henry L Kennan, Judge.
Action by Paul Johnson against the Washington Water Power Company. Judgment for defendant, and plaintiff appeals. Affirmed.
Roche & Onstine, of Spokane, for appellant.
Post Avery & Higgins, of Spokane, for respondent.
The appellant brought this action against the respondent to recover for personal injuries. He was nonsuited in the court below, and from the judgment entered against him prosecutes this appeal.
The respondent owns and operates a system of street railways in the city of Spokane. One of its lines extends along Illinois avenue therein. This street, at the point of its junction with Perry street, extends in a northeast and southwest direction, while Perry street extends north and south. On the morning of July 30, 1911, the appellant drove a wagon, drawn by one horse, north on Perry street to its junction with Illinois avenue and started across the same in a direction diagonally with the course of the street, intending to leave the street on a road leading onto a private lot somewhat to the right of the course of Perry street. As the appellant reached the street, he saw a car approaching him from the right at a point which he described and which was shown by other evidence to be some 700 feet away. He drove directly along his course until his horse was well into the street when he looked again for the car and saw it about a block away. He did not look again until his horse had stepped over the first rail of the railway track. He then saw the car quite near him. He endeavored to swing his horse clear of the car by turning to the right, but did not succeed in getting him far enough away, and the horse was struck by the approaching car. The accident threw the appellant from his wagon and inflicted upon him certain personal injuries, being the injuries for which he sues in this action. The car, from the time the appellant first observed it until it reached him, was within his plain view had he looked in that direction, and its speed, according to the estimates of the witnesses who seemed to be best capable of making such an estimate, was not excessive, although it may have somewhat exceeded the limit fixed by the city ordinances.
The trial judge rested his judgment on the ground that the...
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