Ebling v. Otto Nielsen

Citations

• 109 Wash. 355
• 186 P. 887
• 1920 Wash. LEXIS 905

Syllabus

<p>Highways (52)—Automobiles — Negligent Use — Violation of Statutes. The violation of Laws 1917, p. 636, § 15, requiring a red light visible at least two hundred feet to be attached to the rear of a motor vehicle, is of itself negligence.</p> <p>Same (52, 58)-—Contributory Negligence — Evidence—Sufficiency. One driving an automobile over a straight road on a dark and rainy night, at a speed of twenty-five miles an hour, who collided with an auto-truck parked at the margin of the road with an insufficient red light, was guilty of contributory negligence, as a matter of law, where he did not apply the foot brake until twenty-five feet from the truck, or the emergency brake until within ten feet, and his car skidded into the truck although the wheels were locked.</p> <p>Same (52) —Automobiles — Negligence — Violation of Traffic Laws. Negligence per se in the violation of traffic laws does not preclude the defense of contributory negligence.</p>