Ballard v. Collins

Citations

• 63 Wash. 493
• 115 P. 1050
• 1911 Wash. LEXIS 1232

Syllabus

<p>Municipal Corporations — Use oe Streets — Negligence — Violation oe Statute — Collision oe Automobile. The driving of an automobile on a dark nigbt, on the left-hand side of a city street at a crossing, without having sufficient lights, in violation of the state law and city ordinances, is gross negligence.</p> <p>Same. The driving of an insufficiently lighted automobile at night, on the left-hand side of a narrow street, in violation of law, in order to avoid a street car that was discharging passengers on the right-hand street car track, is not justified as an act in a sudden emergency, where there was not room for two automobiles to pass and the driver might have waited for the street car to proceed.</p> <p>Same — Contributory Negligence. Contributory negligence by the driver of an automobile which collided with another, is not shown, where he was on the right side of the street, with lawful lights, sounded his horn at the turn, and there was evidence that he was going only two or three miles an hour, while the other car was violating the law as to lights, signals, and the side of the street upon which it could lawfully travel.</p> <p>Trial — Findings—Damages-—Issues and Proof. A finding of six hundred dollars damages to person and property by an automobile collision, without segregation of the items, is within the issues and proof, where the pleadings claimed $506 for personal injuries, and oyer $220 damages to the car, and $700 damages in the salable value thereof; and there was evidence that the cost of repairing the car was $220, that its market value was reduced $500 after the repairs had been made, and the plaintiff was thrown against the car with great force, and bruised and confined to her bed for three weeks.</p>