Collins v. Nelson

Citations

• 112 Wash. 71
• 191 P. 819
• 1920 Wash. LEXIS 701

Syllabus

<p>Municipal Corporations (384, 389)—Use of Streets—Negligence —Proximate Cause—Evidence—Sufficiency. The evidence sustains findings of the trial court that defendant’s negligence was the proximate cause of a collision between his automobile and plaintiff, where it appears that plaintiff, in crossing the street between intersections, threw up his hand as a signal to defendant and immediately walked in a diagonal direction across the street, that the street was clear of other traffic, but that defendant, though having opportunity to pass safely behind him, veered his ear to the left side of the street and struck plaintiff with the hub of his right front wheel.</p> <p>Same (383)-—Contributory Negligence—Use of Street Between Intersections. While the use of streets by pedestrians between intersections is, by ordinance, a right inferior to vehicles and exacts a higher degree of care, such use is not contributory negligence, in the absence of proof of conduct to relieve defendant of negligence as the proximate cause of the injury.</p> <p>Damages (79)—Personal Injuries—Pain and Suffering. A judgment for $1,000 for loss of time, pain and suffering is not erroneous because of absence of proof of respondent’s earning capacity during the time kept from his work, where it can be sustained by the element of pain and suffering, which is for the trier of the case.</p>