Barton v. Van Gesen

Citations

• 91 Wash. 94
• 157 P. 215
• 1916 Wash. LEXIS 1008

Syllabus

<p>Pleading — Amendment — At Trial. Trial amendments being within the discretion of the court, under Rem. & Bal. Code, § 303, allowing amendments in furtherance of justice, it is not error, in an action for personal injuries, to allow an answer alleging contributory negligence by a boy on a bicycle to be amended by pleading an ordinance and alleging that the boy was exceeding the speed limit.</p> <p>Municipal Corporations — Accident in Street — Contributory Negligence — Degree of Care — Children. In an action 'for personal injuries sustained by a boy riding a bicycle and colliding with an automobile, an instruction as to the degree of care required by a child is sufficient where it is based upon the conduct of a reasonably prudent person of his age and capacity, using his faculties and powers of observation, having in consideration his age and experience; hence refusal of other instructions thereon is not error.</p> <p>Same — Automobile Accident — Warning. The driver of an automobile, turning slowly at a street intersection, is under no duty to sound a warning, where there was nothing upon the street, except boys approaching about a block away, and a warning would have been of no benefit to any person.</p> <p>Same — Automobiles—Ordinance — Turning to Left. Under an ordinance making it unlawful for any person while driving an automobile to occupy other than the right side of any street, except within the block at the point of destination, a person is within his rights, in turning at the center of the intersection of streets, to turn to his left to the place of destination.</p> <p>Same — Automobile Accident — Contributory Negligence — Evidence — Sufficiency. A boy riding a bicycle into the rear wheel of an automobile is guilty of contributory negligence which is the proximate cause of his injuries, where he was exceeding the speed limit and looking back, and could have avoided the accident if he had been looking in the direction he was going.</p>