109 Wash. 86 | Wash. | 1919
This is an action by Fred H. Heath, as administrator of the estate of Agnes Winifred Heath, deceased, to recover damages sustained by himself, the surviving husband, and Frank Harvey Heath, the surviving minor son, because of the death
On July 15, 1918, at 6:10 p. m., Mr. Heath, sitting on the left-hand side, on the front seat, his wife and son on the rear seat, was driving his automobile, top down, eastward on Bast 47th street, which crosses at right angles 14th avenue northeast, upon which was operated a double-track railway, the west track for street cars going south. The collision occurred with a street car coming from Mr. Heath’s left, that is, traveling south on the west track. It resulted in the death of Mrs. Heath. Mr. Heath had lived in the vicinity some time and was familiar with the scene. The streets were paved and the weather was fair. There was no other traffic near by to disturb. Immediately at the northwest corner of the two streets there was located what is called the Wilson building, immediately east of which was a paved sidewalk nine feet wide to the curb, thence street, thirteen and one-half feet to the nearer rail of the west car track. On the curb, running to the north, there was a string of ordinary telephone poles. North of the street intersections, 14th avenue is straight and practically level for more than seven hundred feet. The next street crossing 14th avenue northeast to the north is East 50th street, which is about six hundred and thirty or six hundred and thirty-five feet north of the north side of Bast 47th street. Mr. Heath estimated the
“Q. From the time that you got by so that you could look by Mrs. Wilson’s building until you got on to the track immediately in front of the street car, you didn’t look to the north to see if a street car was coming, did you? A. I looked until I was almost on the track.”
He also said:
“When I realized the car was coming and I was directly in front of it, and saw it, the street car was about the length of one street car, or between forty and fifty feet away from me.”
He further testified that, from the corner of the Wilson building, where he looked to the north for a street car, until the automobile got on the track where
Appellant invokes the doctrine of last clear chance. There is no merit in the claim. The street was unobstructed, and appellant, who could plainly see, was using a light automobile which he said could be stopped within three feet. Prom the evidence, there
Lastly, appellant urges that, as administrator, he should recover for the benefit of the minor son, notwithstanding any contributory negligence of Mr. Heath. On the authority of the case of Ostheller v. Spokane & Inland Empire R. Co., 107 Wash. 678, 182 Pac. 630, this point must be resolved against the appellant.
Judgment affirmed.
Holcomb, C. J., Mackintosh:, Main, and Parker, JJ., concur.