Barth v. Harris

Citations

• 95 Wash. 166
• 163 P. 401
• 1917 Wash. LEXIS 776

Syllabus

<p>Appeal — Notice oe Appeal — Time for Taking — Date of Judgment. The clerk’s minute entry of the granting of a motion for a nonsuit is not a judgment, and where, upon the same day, a motion for a new trial was made and later overruled and formal entry of judgment of dismissal was entered, the time for taking an appeal begins to run from the date of the formal judgment, and not from the granting of the nonsuit; Rem. Code, § 431, authorizing the clerk to enter judgment immediately upon the return of a verdict having no application.</p> <p>Municipal Corporations — Use of Streets — Collision at Crossings — Motorcycles—Contributory Negligence — Question 'for Jury. A motorcyclist, struck by an automobile at a street crossing, is not guilty of contributory negligence as a matter of law in exceeding four miles per hour, in violation of Rem. & Bal. Code, § 5571, limiting the speed at city street crossings “when any person is upon the same,” where it appears that he was first at the intersection and there was no other person on the crossing at the time, the automobile being some distance away.</p> <p>Same. In such a ease, the motorcyclist was not guilty of contributory negligence as a matter of law under Rem. & Bal. Code, § 5572, requiring reasonable and proper speed at all times, when he was traveling twelve or fifteen miles per hour, the city ordinance gave him the right of way, the automobile was exceeding the speed limit and going 40 miles an hour, and lie did not observe tbe speed of tbe automobile wben be first saw it about 300 feet away; as be bad a right to assume that it was traveling witbin tbe speed limit.</p>