Reed v. Tacoma Railway & Power Co.
Nature of the Case
Reed (P) sought review of a jury verdict in favor of Tacoma Railway (D) in a personal injury lawsuit arising from a collision between Reed’s automobile and Tacoma Railway’s street car.
Facts
Reed was a passenger in his automobile and his daughter was driving. She approached an intersection where street car tracks had to be crossed. The driver of the automobile testified that she did not see the oncoming street car until she was very close to the track. She decided she was too close to the car track to stop in time and concluded the best thing to do was to attempt to get across the tracks before the street car could strike her. She was unsuccessful and the street car hit the rear portion of the automobile.
Reed was injured and the automobile damaged. The jury was instructed that an error in judgment was negligence per se. The verdict went to Tacoma Railway and Reed appealed.
Issue
- What is the test for negligence and the standard of care that is owed?
Holding and Rule of Law
- The test for negligence and the standard of care that is owed is determined using an objective standard of how the reasonably prudent person would act under the same or similar circumstances.
An error of judgment is not necessarily negligence. The standard for negligence is an objective standard and is by no means subjective. The correct test in cases where an error of judgment is involved is: did the person act as a reasonably prudent person would have acted under similar circumstances? The mere fact that one errs in judgment is not conclusive proof that he did not act as a reasonably prudent person would have acted under like circumstances. One may be mistaken as to the best course to pursue without being guilty of negligence as a matter of law.
As for the instruction proffered by Reed, the familiarity or lack of familiarity by the driver of the automobile with the location could have nothing to do with the subject. The rule is that, under the statute, it is not necessary that the exceptions shall state wherein the instruction is wrong.
Disposition
Reversed and remanded for new trial.