Bryan v. Blodgett

Citations

• 117 Wash. 556
• 201 P. 758
• 1921 Wash. LEXIS 875

Syllabus

<p>Highways (57) — Use—Negligence—Evidence—Sufficiency. In an action for personal injuries sustained through being struck by an automobile on a public highway, the evidence sufficiently supports the court’s finding of excessive speed on the part of the automobile, where it appears that the highway was paved with brick to a width of eighteen feet, but on either side was a dirt roadway; that plaintiff was hastening across the paved portion from an automobile from which he had alighted and when at a point in the highway between ten and fifteen feet from the edge of the highway pavement, was struck by a car coming from the opposite direction, which had left the paved road at a point seventy-five feet distant from the place of collision in an apparent effort to pass in front of the plaintiff.</p> <p>Appeal (418) — Review—Findings. Upon a close question of fact, the judgment of the trial court in a case tried without a jury is entitled to weight, and will not be set aside on appeal unless it is clear that it is not sustained by a preponderance of the evidence.</p>