Reed v. Tacoma Railway & Power Co.
Supreme Court of Washington
201 P. 783 (1921)
B. F. Reed (plaintiff) and his daughter were injured after a vehicle driven by Reed’s daughter collided with a streetcar owned by the Tacoma Railway & Power Company (Tacoma) (defendant). Reed brought a suit for damages against Tacoma. In district court, Tacoma alleged that the negligent actions of Reed’s daughter led to the accident and that Reed should be prevented from recovering due to his daughter’s contributory negligence. The district court gave the jury an instruction that directed the jury to find contributory negligence if Reed’s daughter had made an error in judgment by determining that she could make it onto and off of the tracks of Tacoma’s streetcar before the streetcar reached her. Under this instruction, the jury found Reed’s daughter guilty of contributory negligence and dismissed the action. Reed appealed the decision, arguing that the jury instruction was invalid.
Rule of Law
Holding and Reasoning (Bridges, J.)
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