Beach v. City of Seattle

Citations

• 85 Wash. 379
• 148 P. 39
• 1915 Wash. LEXIS 846

Syllabus

<p>Municipal Corporations — Defective Streets — Liability. In an action for injuries received by driving an automobile into a gulcb across one of tbe city streets, there was sufficient evidence to present the question of the city’s negligence to the jury, where it appeared that a gulch thirty feet deep and eighty feet wide crossed such street, but that the lighting of the streets on each side of the gulch gave the impression of a continuous street; that there was no harrier, or danger signal or light near the gulch, except an ordinary incandescent light on a telegraph pole, which tended rather to obscure than disclose the gulch, and in the obscurity the ravine presented the appearance of a continuation of the unpaved portion of the street.</p> <p>Negligence — Imputed Negligence — Driver of Vehicle. Contributory negligence of the driver of an automobile in exceeding the speed limit is not imputable to an invited.guest, who was not in a position to exercise some control over the driver, had no reason to believe the driver was careless or incompetent, did not appreciate that the speed was dangerous, and was unfamiliar with the streets over which she was riding.</p> <p>Jury — Challenges—Prejudice. Challenge for cause to a juror was properly sustained, on the ground that it would take evidence to remove his initial prejudice, where he admitted on examination that he had a prejudice against young people attending dances, and that the fact that the young people were returning from a social dance would prejudice him against plaintiff who was suing for injuries received while returning from a dance; even if the juror on further examination, stated that, while he was decidedly opposed to dances, if it appeared that plaintiffs injuries in no manner grew out of her haying attended a dance, he would not lay that up against her, but would go according to the law and testimony.</p> <p>Jury — Term of Service — Expiration During Trial — Effect. If a jury is properly drawn and impane