Adair v. McNeil

Citations

• 95 Wash. 160
• 163 P. 393
• 1917 Wash. LEXIS 774

Syllabus

<p>Municipal Corporations — Streets — Accidents at Crossings— Automobiles — Negligence—Contributory Negligence — Question fob Juey. The negligence of the driver of an automobile and the contributory negligence of the plaintiff, a pedestrian, struck at a street intersection in the nighttime, cannot be decided as a matter of law, merely because the automobile was not exceeding the extreme speed limit of eight miles per hour at street intersections and plaintiff did not look for the approach of an automobile while crossing the street; but the same are questions for the jury, where it appears that the plaintiff was not aware of the approach of the automobile until it struck him, that there was no other traffic on the street at the time, that the headlights were burning brightly and lighting up the street, and there was evidence tending to show that the driver might have seen the plaintiff in time to have avoided the accident if he had looked and if the car had been within the speed limit.'</p>