Reed v. Tacoma Railway & Power Co.

B.F. Reed (plaintiff) and his daughter were hurt when a car she was driving collided with a streetcar owned by Tacoma Railway & Power Company (defendant). Reed sued for damages, and Tacoma argued that Reed's daughter was contributorily negligent. The trial court told the jury to find contributory negligence if Reed's daughter simply made an error in judgment about whether she could clear the tracks before the streetcar arrived, and the jury found her negligent on that basis. Reed appealed, challenging that jury instruction.