Daugherty v. Metropolitan Motor Car Co.

Citations

• 85 Wash. 105
• 147 P. 655
• 1915 Wash. LEXIS 1257

Syllabus

<p>Appeal and Error — Review—Findings by Court. The findings of a trial court, when not supported by a preponderance of the evidence, will be set aside on appeal.</p> <p>Municipal Corporations — Injuries to Persons on Streets — Negligence — Evidence. The driver of an automobile colliding with a boy is not shown to be guilty of negligence, when the evidence shows that he was proceeding on a business street at a rate of from six to ten miles per hour, and that the boy, running diagonally across the street, suddenly darted in front of his machine, and that, after striking the boy, he stopped the automobile within a very few feet.</p> <p>Municipal Corporations — Streets'—Contributory Negligence. In an action for personal injuries, the negligence of plaintiff was the proximate cause of his injuries, where it appears from the evidence that he was a newsboy fourteen years of age, accustomed to being on the business streets, and had been selling papers for a year at one of the busiest street corners; that on hearing the whistle of the paper distributor, he darted up and ran towards him diagonally across the street, some distance south of the street crossing; that the driver of the automobile was driving slowly with the machine under control, and did not see the boy until he was almost against the machine.</p> <p>Municipal Corporations — Injuries to Persons on Streets — Last Clear Chance. The doctrine of last clear chance does not apply in case of a pedestrian run down by an automobile, where the driver did not see the pedestrian until the latter, while running, was about to collide with the machine, and where he did everything that could be done, such as turning to one side, to avoid the accident.</p>