Chilberg v. Parsons

Citations

• 109 Wash. 90
• 186 P. 272
• 1919 Wash. LEXIS 959

Syllabus

<p>Appeal (151%)—Exceptions—Time and Manner oe Taking. Under Rem. Code, § 339, providing that exceptions to instructions may be taken any time before the hearing of the motion for a new trial, oral exceptions taken immediately on the jury’s retiring and embodied in the record by the stenographer will be considered on appeal.</p> <p>Municipal Corporations (379, 392)—Use oe Streets—Negligence —Crossings—-Violation oe Ordinance—Instructions. It is error to refuse a requested instruction to the effect that a violation of an ordinance giving the right of way at intersections to the automobile on the right would be negligence as a matter of law; nor is the error cured by a negative instruction on the subject stating that such right of way was not absolute and tending to lead the jury to disregard its terms.</p> <p>Same (388) —Negligent Driving—-Evidence — Admissibility. Upon an issue as to the negligence of the driver of an automobile upon the occasion of its collision with another, it is not competent to show that he was habitually careless or accustomed to drive at excessive speed.</p>