94 Wash. 458 | Wash. | 1917
This action was brought to recover damages resulting from a collision between two automobiles. The plaintiff alleged that the defendant was negligent and ran against the plaintiff’s car, causing damages to the car and personal injuries to the plaintiff. The defendant answered, denying negligence, admitting the collision, and alleged that the plaintiff was negligent, and damaged the defendant’s car, and sought damages on account thereof. Upon these
The one question presented in the case is whether the respondent should recover. It appears that, on the 30th day of May, 1915, at about three o’clock in the afternoon, the respondent was driving his car east on Denny Way. At the same time, the appellant was driving his car north on Seventeenth avenue. Denny Way runs east and west, while Seventeenth avenue runs north and south. These streets intersect each other. They are both paved streets. At the intersection of these streets, they are twenty-four feet wide from curb to curb. On that day the pavement was dry, and at this point the streets were practically level. The evidence conclusively shows, we think, that the respondent, traveling east on the south side of Denny way, arrived at the intersection first. When he entered the intersection of these streets, he was ti’aveling at from four to eight miles per hour. At that time, the defendant was to the south of Denny Way, on the right-hand side of Seventeenth avenue, going north approaching the intersection. He was from forty to fifty feet away. He entered the intersection, according to his evidence, at from four to eight miles per hour.
It is claimed by the appellant that the respondent’s automobile struck the left front wheel of the appellant’s automobile, and caused the injury, while the respondent claims that the appellant’s automobile struck his automobile about the center, and caused the damage complained of. If the testimony of the parties is to be believed, they were each traveling within the speed limit. It is clear from the evidence that the respondent’s automobile entered the intersection of these streets first; that the appellant’s car, at that time, was forty or fifty feet away, and, as stated above, the crossing at this place is twenty-four feet wide. If each had proceeded,
From a careful reading of the statement of facts, we are satisfied that the trial court properly found that the appellant was negligent, and that the respondent was -not negligent.
It follows that the judgment must be affirmed.
Morris, Holcomb, Parker, and Fullerton, JJ., concur.