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Reed v. Tacoma Railway & Power Co. | 201 P. 783 (1921)
Is someone negligent simply for making an error in judgment? Or is more required? We explore these questions in Reed versus Tacoma Railway and Power.
B F Reed was a passenger in a vehicle driven by his daughter. Tacoma Railway and Power’s streetcar struck the rear of Reed’s vehicle as it was crossing the streetcar tracks, injuring Reed. Reed sued the railway to recover for his injuries. At trial, Reed’s daughter testified that she didn’t see the streetcar until her vehicle was quite close to the tracks. She further testified that she didn’t believe she had time to stop before crossing the tracks. Accordingly, Reed’s daughter thought it would be safest to try to cross the tracks in front of the streetcar.
The railway argued that Reed’s daughter was contributorily negligent by trying to cross the tracks in front of the streetcar. The railway further argued that this contributory negligence barred Reed’s claim against it. The trial court instructed the jury that if Reed’s daughter believed that she had time to cross the tracks but, in reality, lacked sufficient time, then Reed’s daughter committed an error in judgment that barred Reed’s recovery. The jury found for the railway. Reed appealed to the Washington Supreme Court. Among other things, Reed argued that the trial court erroneously instructed the jury regarding the standard for contributory negligence.
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