84 Wash. 29 | Wash. | 1915
The plaintiff brought this action to recover damages by reason of the alleged negligence of the defendant in the operation of a street car so that it collided with an automobile driven by the plaintiff. The defendant in answer to the complaint denied the allegations of negligence and alleged contributory negligence on the part of the plaintiff. Upon these issues, the case was tried to the court and a jury. A verdict was returned in favor of the defendant. The plaintiff has appealed.
Counsel for the appellant argue at length that the court erred in instructing the jury. The instructions complained of are not set out in the brief. Only a part of the instruc
It appears that the respondent was operating a street car line in the city of Centraba. On June 28, 1913, the appellant stopped his automobile on the west side of Tower avenue in the city. Thereafter he started his car south on this avenue and went for a short distance, possibly 100- feet, where he attempted to make a square turn east on Locust street which crossed Tower street at right angles. As he did so he turned in front of a street car moving north on Tower avenue. The automobile was damaged and the appellant himself was injured. By the great preponderance of the evidence, both for the appellant and for the respondent, it was shown that the appellant, without any care for his safety, drove his automobile upon the street car track immediately in front of the moving street car. Not only by the great weight of the evidence of the witnesses, of whom there were several, was this fact shown, but all the circumstances tended to show that the appellant carelessly and negligently drove his automobile in front of the approaching car, and that there was no time for the street car to be stopped and the accident avoided. The negligence of the plaintiff
The judgment is therefore affirmed.
Moréis, C. J., Chadwick, Parker, and Holcomb, JJ., concur.