Burlie v. Stephens

Citations

• 113 Wash. 182
• 193 P. 684
• 1920 Wash. LEXIS 824

Syllabus

<p>Municipal Corporations (384) — Use of Streets — Collision at Crossing- — Negligence—Last Clear Chance. The doctrine of last clear chance has no application where a boy, on the wrong side of the street, suddenly and unexpectedly turned in front of an automobile that had been forced to turn to the left to avoid him; since he created instantaneously a dangerous situation without any appreciable lapse of time to avoid it.</p> <p>Same (381, 392) — Violation of Speed Ordinance — Instructions. In an action for personal injuries sustained by a boy who suddenly turned directly in front of an automobile, it is proper to instruct the jury that they should disregard the matter of the speed of the car, when it appears that the rate of speed could have had nothing to do with the accident.</p> <p>Same (379, 392) — Violation of Ordinance — Negligence—Instructions. In an action for personal injuries sustained in an automobile collision, it is proper to instruct that violation of an ordinance requiring automobiles to turn to the right does not constitute negligence, if it was done in an emergency to avoid collision, and that it was for the jury to determine whether it was negligence proximately causing the accident.</p> <p>Municipal Corporations (383, 392) — Contributory Negligence— Instructions. In an action for personal injuries sustained by a boy who suddenly turned directly in front of an automobile, it is proper to- instruct that it was the duty of plaintiff to use his senses and observe other traffic and that he could not recover if he could have seen the approach of the automobile and had ample room to pass it and might have avoided the accident by the exercise of ordinary care.</p> <p>Same (381) — Violation of Speed Ordinance — Instruction. In such an action, it is proper to refuse to instruct the jury that it was unlawful for an automobile at a city street intersection to exceed four miles per hour, where the question of speed had nothing to do with the accident.</p> <p>A