Allen v. Schultz

Citations

• 107 Wash. 393
• 181 P. 916
• 6 A.L.R. 676
• 1919 Wash. LEXIS 763

Syllabus

<p>Municipal Corporations (380, 389)—Streets—Automobiles—Vio-lation op Ordinance—Evidence. The driver of an automobile, driving on the wrong side of the street contrary to law, who struck a passenger alighting from a street car, cannot claim an emergency excusing his act, where it appears that the accident was due to his own negligence in approaching the street intersection under the erroneous assumption that the street car was not going to stop at its regular stopping place.</p> <p>Same (379, 389). In such a case, the emergency does not excuse his negligence in operating his automobile with the brakes out of order, when otherwise he could have stopped in time to have avoided the accident, since he was bound to anticipate the necessity of emergency stops and keep his brakes in order.</p> <p>Appeal (413)—Review—Verdicts. The verdict of a jury in a personal injury case will not be set aside as excessive if supported by plaintiff’s evidence.</p> <p>Pleading (192, 196, 202)—Waiver op Objections—Trial Without Reply. The failure to deny an answer alleging contributory negligence is waived where the case was tried out on the merits as if issue had been duly joined without any timely objection.</p>