Borg v. Spokane Toilet Supply Co.

Citations

• 50 Wash. 204
• 96 P. 1037
• 1908 Wash. LEXIS 695

Syllabus

<p>Municipal Corporations — Streets—Collision of Pedestrian and Team — Contributory Negligence — Evidence—Sufficiency. A pedestrian crossing a city street diagonally in the middle of the block, who was struck by a delivery wagon, is guilty of contributory negligence, precluding any recovery, where it appears that he saw the wagon approaching at six or eight miles an hour as he stepped from the curb, but paid no further heed to it, supposing it would keep on its course, there were no other vehicles on the street, and he met the wagon at right angles, while the same was crossing to the other side of the street; the jury having found that the driver of the wagon did not see the plaintiff before he was struck in time to have avoided the accident.</p>