The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1894-02-24
oTHER. CAR DID IT.
fhble Passenger Gets Damages
From Electric Line.
rr,ap STREET COLLISION CASE.
u.rvss Gets Verdict for oeoe IN sais
fsr $4,000 More Time for VIII
esx TO Appesl-ssnssness.

llIss X. Marvin. who sprained his ankle
= the street car collision ON Third and
MADISON streets on June IL, 1883, yesterday
,reovsred 500 damages from the Rainier
Ycxsr Il Railway Company Ia Judge
nsnes' court. Ii Was the second trial of
o. ease. Judge osborn's jury having dis
srssd on IL last fall. Marvin claimed
s-sss loss of time and permanent inca
sscty 70 earn living ~ resulting from
sAe accident. and was suing for q. 800. A
sersnge feature of the case IL that MarvIn's
lsdrment is not against the company
shose passenger he was at the time.
Marvin was . passenger on q Madison
ubie car coming down town. The grin
nan stopped the car and dummy across
de track Of tho Third street electric car
lie just in front of Corcray's theater. a.
i usual, the middle of the street being the
oniy level bit Of ground where the Madi-
500 ear can be held. While some passen-
ssrs we're being let OF the e-ipman no.
reed q Third street car coming at full
speed down the slight grade from Spring
street As his car had the right-of-way. how
sYer. be was not concerned and supposed
that the car would be brought to stand
nil before there was any danger. But
vhsn the car came whizsing along at fall
peed still not fifty feet away, he knew
that il was beyond control. He lost no
time 10 doing what could be done, and
With jerk OF the long lever which works
The grip he picked up the cable, which
runs six or eight miles IN hour, and In q
fraetion of q second his car was dragged
st full speed out Of the way Of the wild
car. Yet. so close was the electric car
that 1t struck the rear platform Of the
cable trailer coach and knocked the
sssr trucks of the track. Had ID
not been for the gripman's cool
ness. several lives would have been
lost. As 1t was, mshy of the passengers
on the cable car were frightened almost
out Of their wits.
II was after the danger was practically
over that the accident to Marvin occurred.
When the cable car started down the steep
Hill between Second and Third streets
with It's rear trucks of the track many of
the passengers were frightened and jumped
OIL Marvin also went of. He says that
hs-was thrown on, but no one saw o man
thrown of. although a large number of
Witnesses saw several men jump of and
Tumble around among the paving stones
BY the side of the track. Whether he was
thrown or jumped of was question for
the jury, at any rate he sprained his ankle
and was laid mp q considerable time. The
defense made great deal of the fact that
haryin's testimony as to the time he was
thrown off differed materially yesterday
from that at the former trial, he having
then testified that he was thrown of by
the shock Of the collision. Marvin's at
torneys held that II made no difference
even If their client did jump off. for he was
put in such terror that hs was not bound
TO use discretion.
Besides trying TO prove that Marvin Was
also negligent the Rainier Power & Rail-
way Company, which owns the Third
street line, set up that it's track was wet
by astrest sprinkler and the wheels slipped
after the brakes were set. and that the
Madison street people were really to
blame.
Judge Humes, following Judge oshorn's
lead in the former trial. instructed the
jury that If 1t found she Madison street
company equally TO blame for the collision
II would bring in verdict for the defend
ant. The jury was out little more than
an hour.