128 Wash. 472 | Wash. | 1924
This action is to recover damages for personal injuries received by Eldridge Bacon, a boy ten years of age, as a result of a collision, while riding a bicycle, with an automobile operated by appellant L. M. Varney. The case was tried without a jury.
The collision occurred in daylight, at the crossing of Grand avenue, which runs slightly west of north, and Seventeenth street, which runs east and west, in the city of Spokane. The only witnesses who testified as to how the accident happened were the boy and Mr. Varney. The boy was traveling north on the east side of the avenue a few feet from the curb, while the appellant was going south on the west side of the avenue near the curb, simultaneously approaching Seventeenth
In an important particular there is a square dispute between the parties. Varney testified that he got into the intersection first, turned east after he got south of the center of Seventeenth street, and that the collision occurred about the center of Seventeenth street at a point on an extension of the east curb line of Grand avenue. The boy testified that, when he was about seven yards south of the cross-street, Varney was about twelve yards north of it, at which time the signal referred to was given, and that, at the time of the collision and the stopping of the automobile, the automobile was within about two feet of the curb at the northeast corner of the street intersection, facing south of east. The automobile was stopped immediately upon the happening of the accident. There is no doubt that, because of the collision, the boy was thrown on the northeast curb and his bicycle a few feet to the west on Grand avenue.
Our attention has not been called to any ordinance prescribing the rights of persons with reference to the fact of which first enters a street intersection. Subdivision (6), § 6340, Rem. Comp. Stat. [P. C. § 222], provides:
“Drivers, when approaching highway intersections, shall look out for and give right of way to vehicles on their right, simultaneously approaching a given point: ...”
Subdivision “g,” §9, of the traffic ordinance of Spokane is in language identical with the state law. The law is applicable here. Both of these vehicles were moving, simultaneously approaching a given point at a street intersection, the respondent being on the right. The appellant frankly admitted in cross-examination that as they were traveling one of them would have to stop or turn aside to avoid a collision. He did neither. He further testified that, after he turned across Grand avenue towards the boy, the boy did not increase his speed, and he practically admitted that the boy slowed down somewhat. He said, speaking' of the boy, “He should have turned to his right—
Some charge is made against the boy because the brakes on his bicycle were slightly defective. But, what of it? Suppose he had no brakes at all on his wheel? The hoy was exercising a right of way openly, observed and watched by the appellant, that was given to him by the same law which at that time was being violated by him who makes the charge.
In our opinion, the judgment is proper and it is affirmed.