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>