Dimuria v. Seattle Transfer Co.
Citations
- 50 Wash. 633
- 97 P. 657
- 1908 Wash. LEXIS 797
Syllabus
<p>Appeal and Error — Decision—Trial—Waiver of Nonsuit. The waiver of a nonsuit by proceeding with the trial, after exception taken, only allows the plaintiff the benefit of evidence thereafter introduced; and where the defects in plaintiff’s case are not cured thereby, the nonsuit may, on proper assignment of error, be granted on appeal.</p> <p>Municipal Corporations — Streets—Collision at Crossing — Contributory Negligence — Evidence—Sufficiency. A pedestrian who was run down by a team at a street crossing is guilty of contributory negligence, as a matter of law, precluding any recovery, where it appears that he held an umbrella over his head in such a position as to prevent his seeing the approaching team, and that neither before or while crossing the street did he look in either direction for teams or vehicles, and was not looking around, and that if he had looked around he could have seen the team.</p>
Judges: Crow
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17 cases in this archive cite this case.
- Helliesen v. Seattle Electric Co.Washington Supreme Court· 1909-12-10· cited 48×
- Young v. PriceHawaii Supreme Court· 1963-12-09· cited 44×
- Fluhart v. Seattle Electric Co.Washington Supreme Court· 1911-10-13· cited 42×
- Johnson v. JohnsonWashington Supreme Court· 1915-04-10· cited 41×
- Olsen v. Peerless LaundryWashington Supreme Court· 1920-07-22· cited 35×
- Locke v. Puget Sound International Railway & Power Co.Washington Supreme Court· 1918-03-02· cited 23×
- Golay v. Northern Pacific Railway Co.Washington Supreme Court· 1919-01-09· cited 21×
- Hewitt v. City of SeattleWashington Supreme Court· 1911-03-10· cited 19×
- Stueding v. Seattle Electric Co.Washington Supreme Court· 1913-01-03· cited 18×
- Chase v. Seattle Taxicab & Transeer Co.Washington Supreme Court· 1914-03-20· cited 18×
- Jones v. WieseWashington Supreme Court· 1915-12-03· cited 16×
- Budman v. Seattle Electric Co.Washington Supreme Court· 1910-12-20· cited 9×
- Fraser v. Home Telephone & Telegraph Co.Washington Supreme Court· 1916-05-20· cited 9×
- Dryden v. Pelton-Armstrong Co.Oregon Supreme Court· 1909-04-18· cited 9×
- Linck v. MathesonWashington Supreme Court· 1911-06-22· cited 7×
- Bardshar v. Seattle Electric Co.Washington Supreme Court· 1913-02-21· cited 6×
- Mugge v. BrackinSupreme Court of Florida· 1912-01-15
Cites
3 cases in this archive are cited by this case.
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