REED V. TACOMA RY. & POWER CO.
201 P. 783 (Wash. 1921)
NATURE OF THE CASE: Reed (P) sought review of a jury verdict in favor of Tacoma (D) which
found for D in P's action to recover for personal injuries sustained in a collision between
P's automobile and D's street car.
FACTS: P was in his automobile, being driven by his daughter. The driver approached an
intersection where street car tracks had to be crossed. The driver of the automobile
testified that she did not see the oncoming street car till she was very close to the track.
Finding herself in a position of danger she decided she was too close to the car track to
stop, and that she concluded the best thing to do was to attempt to get across the tracks
before the street car could strike her. She failed in that the street car hit the rear
portion of the automobile. P was injured and the automobile damaged. The jury was instructed
that an error in judgment was negligence per se. The verdict went to D and P appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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