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Seattle Electric Co. v. Hovden

United States Court of Appeals for the Ninth Circuit
190 F. 7 (1911)

Written by Meagan Anglin, JD

Facts

Lena Hovden (plaintiff) was walking outside when she attempted to cross the street. Hovden, despite being of mature age, did not have the intelligence of an ordinary person and was unable to care for herself. On the day in question, rather than crossing at the crosswalk, she elected to cross in the middle of the street. While she was crossing, she noticed a streetcar driving at a high speed. Hovden continued to cross the street, and she was hit by the speeding streetcar. Hovden brought a suit against Seattle Electric Co. (defendant), the employer of the driver (defendant) of the speeding streetcar for negligence, alleging the driver was driving the streetcar at a dangerous speed and without giving any warning signals. The district court declined to give a jury instruction on contributory negligence, and the jury found for Hovden. The driver appealed.

Rule of Law

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Issue

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Holding and Reasoning (Gilbert, J.)

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A "yes" or "no" answer to the question framed in the issue section;
A summary of the majority or plurality opinion, using the CREAC method; and
The procedural disposition (e.g., reversed and remanded, affirmed, etc.).

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