Cloherty v. Griffiths

Citations

• 82 Wash. 634
• 144 P. 912
• 1914 Wash. LEXIS 1563

Syllabus

<p>Municipal Corporations — Streets — Negligent Use — Law of Road — Question for Jury. Whether the driver of an automobile was guilty of negligence in running down a bicyclist who was keeping to the extreme right-hand side (Rem. & Bal. Code, § 5569, providing that automobiles going in the same direction, must pass on the right-hand side) is a question for the jury; since the presence and position of the bicyclist was known to the driver of the automobile, notwithstanding the statute.</p> <p>Same — Streets—Negligent Use — Complaint — Sufficiency. A complaint alleging that defendant drove an automobile along the road behind plaintiff, who was in a place of safety, and negligently ran his automobile on and against the plaintiff with great force and speed, is sufficient without alleging further any particular ground of negligence.</p> <p>Appeal — Review—Harmless Error — Instructions. Error cannot be predicated on the refusal of requested instructions which were fully covered in the general charge.</p> <p>Appeal — Review—Harmless Error. It is not prejudicial error to refuse.a requested instruction to the effect that the jury should not be guided by passion, sympathy, or prejudice, in view of the juror’s oath, and an instruction to find a verdict consistent with the preponderance of the evidence and the law as given by the court.</p> <p>Municipal Coepoeations — Streets — Use — Contributory Negligence — Instructions. In an action by a bicyclist, run down by an automobile while he was riding on the extreme right-hand side of the street, it is not error, on an issue of contributory negligence, to instruct that the burden of establishing the defense was on the defendant to show that the collision was occasioned by the plaintiff’s carlessness; since the instruction, in legal effect, is one on proximate cause.</p> <p>Appeal — Review—Waiver of Error — Failure to Object to Misconduct op Jurors. Error cannot be predicated upon remarks of jurors when viewing premises, in violation