Capital Traction Co. v. Divver
Capital Traction Co. v. Divver
Opinion of the Court
delivered the opinion of the Court.
It may be conceded that there is a reciprocal duty resting upon a street railroad and the public in the use of the streets, and that neither may, with impunity, ignore the rights of the other. We shall assume that the appellee, on the occasion of this accident, was guilty of contributory negligence in driving upon the defendant’s track in the manner he did. The point where he saw the motorman slacken the speed of the car was not a stopping place, and the appellee had no right to assume that the car would stop there; but it by no means follows, in our view of the evidence, that reasonable minds would concur in the conclusion that the accident was not the direct result of the negligence of the motorman. Since Davies v. Mann, 10 Mees. &
The real question, therefore, which confronted the trial court, was whether defendant’s motorman in the peculiar circumstances of this case exercised ordinary care to prevent the accident after becoming aware of the plaintiff’s peril. It would be a waste of time to multiply authorities to the effect that the terms “ordinary care” and “reasonable prudence” have a relative significance, depending upon the special circumstances of a given case, and that consequently what may be deemed ordinary care in one case may, under the different conditions presented in another, be gross negligence. Grand Trunk R. Co. v. Ives, supra; Mobile & O. R. Co. v. Wilson, 22 C. C. A. 101, 46 U. S. App. 214, 76 Fed. 127, 6 Am. & Eng. R. Cas. N. S. 97. As we have remarked in a previous case, the determination of such questions is almost invariably the province of the jury. Barstow v. Capital Traction Co. 29 App. D. C. 362. We think this case not an exception to the rule. All the witnesses agreed that the company’s tracks on Fourteenth street on the morning of the accident and just prior thereto were very slippery. The defendant’s own witnesses testified that the motorman had had considerable trouble in stopping his car as he came down Fourteenth street and before he reached the circle. It is undisputed that, when the motorman first saw the plaintiff on the track, the car was from 50 to 75 feet distant, and yet the car was not stopped in time to prevent the acccident. The appellant contends that the motorman was under no obligation to
The judgment is affirmed, with costs. Affirmed.
Reference
- Full Case Name
- CAPITAL TRACTION COMPANY v. DIVVER
- Cited By
- 3 cases
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- Syllabus
- Street Railroads; Negligence; Ordinary Cabe. 1. A person about to drive a heavily loaded wagon across a street railroad track, and observing that the motorman of an approaching ear is slacking its speed at a point about 170 feet distant, has no right to assume that the ear will stop there, where it is not a regular stopping place. 2. The plaintiff may recover for an injury caused by the defendant’s negligence notwithstanding the plaintiff’s own negligence exposed him to the risk of injury, if the defendant’s negligence, after the defendant became aware of the plaintiff’s danger, was directly responsible for the injury; but, in such a situation, ordinary care is all that is required of the defendant. (Following Hawley v. Columbia R. Co. 25 App. D. C. 1.) 3. “Ordinary care” and “reasonable prudence” have a relative significance, depending upon the special circumstances of a given case; and consequently what may be deemed ordinary care in one case may, under different conditions presented in another case, be gross negligence; and the determination of such question is almost invariably the province of the jury. (Following Barstow v. Capital Traction Co. 29 App. D. C. 362.) 4. Where the motorman of a street railway car saw a heavily loaded team about to cross the track at a point from 50 to 75 feet in front of the car, and failed to stop the car, as a result of which a collision occurred and the driver of the team was injured, and the company’s evidence in explanation of the motorman’s failure to stop the car— which could ordinarily have been stopped by applying the brake, reversing the current, and using the sand pipe, in from 10 to 30 feet— was to the effect that the tracks were wet and slippery, so that the brake would not work properly; that sand could not be used on a curve, and that, if the reverse current should be improperly put on, it would be likely to blow out the fuse and leave the car without current; but it appeared that the tracks were straight for a distance of 68 feet in the direction from which the car was coming, and that the motorman did not reverse the current or sand the tracks after seeing the team, it was held, in an action by the driver of the team against the street railway company, that it was the company’s duty to employ a motorman who could properly put on the reverse current, and that the trial court properly refused to direct a verdict for the defendant.