Daily capital journal. (Salem, Oregon) 1903-1919, 1911-11-03
Blue V. p. r. L. & p. Co., Multno.
nah County
DecIded OctOber 24. l9ll.

nah County.
Decided October "a, 1911.
Ada E. Blue, respondent, V. Port
land Railway, Light & Power COM
pany, a corporation, appellant. APP
peal from the circuit court for Multi
nomah county. Hon. C. U. Ganten-
bein, Judge. Argued and submitted
October IS, 1911. Oral argument by
Thos. ]. Cleeton and A. l. Moulton
(Graham, Cleeton & Davis, Dimick
& Dimick and A. I. Moulton on the
brief) for respondent. Oral argument
by S. c. Spencer (Wilbur & Spencer
and A. NJ Dibble on the brief) for
appellant. Moore, ]. Affirmed.
This is an action to recover dam
ages for personal injury. The COM
plant alleges in substance that the
defendant is a corporation and en-
gagged in operating street cars by
electricity in Portland; that on May
81, 1909, the plaintiff was a passen-
ger in one of its cars going west on
Belmont street, which car was negli-
gently managed by only one servant
when more employees were required
for that purpose that the person who
was then acting as motorman was
incompetent and permitted the car
to run at an unlawful and a danger
Gus rate of speed which velocity was
not diminished as curves in the track
were approached; that no cnductor
was in charge of the car and plaintiff
was unable to attract the attention
of the person than acting as motor
man and, desiring to pay her fare
and to alight at the next cross street,
she rose from the seat which she
occupied and started forward to noti-
fy the defendants servant; that as
she was making the journey the
speed of the car was increased and
rushing over a sharp curve in the
track the car suddenly lurched,
throwing her to and dragging her
along the street. inflicting upon her
a scalp wound, laying bare and frac-
turing her skull, dislocating and in
juring her shoulder, collar bone and
arm, fracturing her lower jaw, caus-
ing it to protrude, impairing the
muscles of her mouth and throat,
hurting her spine and kidneys, lacer-
ating her llead, limbs and body,
causing partial paralysis, permanent
ly disfiguring and incapacitating her
from performing any labor. and
causing her to suffer great physical
pain and mental anguish which in
firmities will continue during her
life, all to her injury and damage
in the sum of $100,000.00, for which
Judgment was demanded.
The answer denied the material
allegations of the complaint, and al
legged that the injury complained OF
was caused by plaintiffs contribu-
tory negligence, setting forth the
particulars thereof. The allegations
of new matter in the answer were
denied in the reply and the cause
having been tried, plaintiff secured
verdict and Judgment for s22,5Ot
and the defendant appeals.
Moore, ]. Before consiering th'
exceptions relied upon to secure
reversal of the judgment. a brief de
scriptiOn of a section of the deten
dant's railway near and at the placi
where the injury occurred, of th'
management of the car at that time
and of plaintiffs movements imme
diately prior thereto will be given
A double track extends from tn
Willamette river easterly along Bel
mont street to Sixtieth street at Mt
Tabor, which place appears to be
terminus of that line of railway
Twenty-one blocks west of this east
ern limit at Thirty-ninth street, tn
tracks curve slightly to the south a
which place the down grade toward
the river is one and half per cent