46 Wash. 533 | Wash. | 1907
This is an action for damages for personal injuries, occasioned by a collision between plaintiff and an automobile driven by a servant of appellant. From a judgment for $1,000 in favor of plaintiff, this appeal is prosecuted.
While there is much conflict in the evidence as to certain details, yet the substantial facts were about these: Plaintiff was on the sidewalk on the east side of First avenue, at its intersection with Marion street, in the city of Seattle. First avenue runs north and south, or approximately so. He walked north along the sidewalk some twenty or thirty feet from the corner,'and then stepped into the street and started in a northwesterly direction diagonally across First avenue. After taking a few steps from the sidewalk, he was struck by defendant’s automobile, which was going in a northerly or northeasterly direction. The evidence varies as to the distance plaintiff had traveled after leaving the sidewalk. Some of defendant’s witnesses stated it to be four or five steps, Some of plaintiff’s thought it a little more. One said he had nearly reached the street car track near the center of the street. Some fixed the distance from the edge of the sidewalk as four or five feet. Others as ten or twelve. One witness thought it about thirty. There was also a difference in the evidence as to the distance from the sidewalk of the approaching automobile. Some fixed the distance as four or five feet, and others
First avenue, at the place where this collision occurred, runs through the business portion of the city, and is commonly occupied by large numbers of pedestrians. At the street crossings there is no difference in the pavement from that which extends the full distance of the blocks between the crossings, and it is customary for people to walk across the street at any place. The evidence of the witnesses for both parties shows that there was no obstruction in the street between the point where plaintiff stepped from the sidewalk and the place where the automobile was at that time. One witness testified that the chauffeur could have seen plaintiff at least for six or eight paces before his machine struck him. Plaintiff testifies that, as he started from the corner of the street, he looked up and down, but saw no automobile; that he then walked along a few steps and started across the street, his attention at that time being upon three street cars, one going in one direction and two in the other, upon two parallel tracks near the middle of the street, and that he did not see or hear the automobile until it struck him.
Appellant contends that there was not sufficient evidence to go to the jury upon the question of defendant’s negligence, and also urges strenuously that the evidence shows contributory negligence on the part of the plaintiff. The operation of an automobile upon the crowded streets of a city necessitates exceeding carefulness on the part of the driver. Moving quietly as it does, without the noise which accompanies the movements of a street car or other ordinary heavy vehicle, it is necessary that caution should be continuously exercised to avoid collisions with pedestrians unaware of its approach. The speed should be limited, warnings of approach given, and skill and care in its management so exercised as to anticipate such collisions as the nature of the machine and the locality might suggest as liable to occur in the absence of such precautions. The pedestrian, also, must use such care as an ordinarily prudent man would use under like circumstances. As before stated, there ivas much conflict as to the details of the occurrence which resulted in plaintiff’s injury; but we think there was ample testimony to go to the jury upon the questions of defendant’s negligence and plaintiff’s contributory negligence, and that the record is such that we cánnot disturb the jury’s conclusions thereupon.
In the complaint as first filed it was alleged that the horseless carriage was being driven by defendant. Upon the trial, plaintiff asked and was given permission to amend his complaint so as to allege that said machine was driven by the said defendant “by and through his servants and agents then
The judgment is affirmed.
Hadley, C. J., Fullerton, Mount, Dunbar, Rudkin, and Crow, JJ., concur.