Reed v. Tacoma Ry. & Power Co.
| Decision Date | 20 March 1920 |
| Docket Number | 15631. |
| Citation | 110 Wash. 334,188 P. 409 |
| Court | Washington Supreme Court |
| Parties | REED v. TACOMA BY. & POWER CO. |
Department 1.
Appeal from Superior Court, Pierce County; John D. Fletcher, Judge.
Action by B. F. Reed against the Tacoma Railway & Power Company. From a judgment a nonsuit, plaintiff appeals. Reversed and remanded for new trial.
Williamson Williamson & Freeman, of Tacoma, and Warren H. Lewis, of Seattle, for appellant.
F. D Oakley, of Tacoma, for respondent.
B. F Reed appeals from a judgment of nonsuit in an action for damages for injuries to his person and automobile caused by a collision with a street car at the intersection of Yakima and Division avenues in the city of Tacoma. The collision happened about midnight, June 22, 1918. Plaintiff and five others in the automobile, driven by his daughter, were going northerly along Yakima avenue across Division avenue. The street car was east-bound. From the south, Yakima avenue intersects Division avenue at less than a right angle. Arriving near Division avenue, the driver of the automobile on looking to the left, saw no street car. When within about 18 feet of the point at which her course would cross the street railway track, she looked again backward to her left, and observed a street car coming at a rapid rate of speed. Others of the party saw the street car at about the same time. There is testimony to show that at that time the street car was 75 to 125 feet from the point at which the collision took place. The automobile, going 12 to 15 miles an hour, entered the street intersection an appreciable length of time ahead of the street car. The street intersection was well lighted. The driver and others in the automobile testified it could not be safely stopped, nor gotten out of the way of the street car except by attempting with greater speed to cross ahead of the street car. That plan was adopted. From a point about the center of the block west of Yakima avenue, the speed of the street car was constantly increased until the collision occurred, at which time it was going from 30 to 40 miles an hour. Occupants of the automobile testified that but for the rapid and increasing speed of the street car the automobile would have passed in safety. The front left corner of the street car struck the rear left corner of the automobile, just 'half of second,' the proof shows, before they would have cleared each other. After the collision the street car was stopped within about 200 feet. The conductor and motorman came back to the scene. In reply to some statement by a person on a motorcycle, the motorman of the street car said:
'You folks riding motorcycles and automobiles at the rate of 60 and 70 miles an hour and expecting us to do all the watching out and avoiding collisions should be taught a lesson, and it would be a good thing if there were more collisions like this, and I do not intend to do all the stopping myself, but you fellows will sort of have to look out for yourself.'
An ordinance of the city limits the speed of street cars, at the place in question, to 12 miles an hour. There is no testimony that the street car gave any sound of its approach, although the appellant testified that just before reaching Division avenue he heard the gong of a street car. Another street car had passed the same way about one minute earlier.
Thus it appears the driver of the automobile, upon seeing the danger,...
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