123 Wash. 478 | Wash. | 1923
Lead Opinion
This controversy grows out of a collision of the automobiles belonging to the respective parties and each is seeking damages against the other.The trial court found that both parties were negligent, and dismissed the action.
The accident occurred on August 10, 1921, upon the Olympic Highway, in Mason county. The road at this place is graveled, appellant claiming a width of fifteen feet for the traveled way, and respondent a width of twelve feet. It is conceded that there is a good deal of narrow roadway along this portion of the highway, and many curves and dangerous places render it necessary to use more than ordinary care in driving. The collision took place on a twenty-eight degree curve. There is considerable growth along the sides of the road, and for a distance, estimated from 164 to 200
In our opinion, there was sufficient testimony to sustain the findings of the trial court as to the negligence of each of the parties, and the judgment will therefore be affirmed.
Dissenting Opinion
There is no more flagrant or dangerous abuse of the highway laws than to drive an automobile in the middle or on the wrong side of the highway in rounding curves. The approaching automobile driver has no means by which he can protect himself against such an act. He can only crowd to the limit oj&the-'W&y and take the .chance that the other driver will change his course. Indeed, the legislature, recognizing the danger ofNaJyf-other practice, has enacted it into positive law, and made it penal to violate it, that-operators and drivers of automobiles shall “keep to the extreme inside of all curves to the right and upon the extreme outside of all curves to the left.” Rem. Comp. Stat., § 6340. When, therefore, a collision occurs on a curve, and it is shown that it occurred on one side of the highway, and is further shown that it would not have occurred had the driver on the wrong side kept to his proper course, the courts should not be over diligent in its search for reasons to excuse the driver who is guilty of this violation of the statute.
In my view of the record, there was a clear case of negligence on the one side and no negligence on the other. But if it can be said that the appellant should have been driving slower, or should have sounded his horn on approaching the curve, neither of these omissions was in any sense the proximate cause of the accident. A recovery should be allowed.