Goldsby v. City of Seattle

Citations

• 115 Wash. 566
• 197 P. 787
• 1921 Wash. LEXIS 773

Syllabus

<p>Street Railroads (30)-—Collision—Automobiles—Contributory Negligence—Question foe Jury. In an action for damages resulting from a collision between a street car and an automobile, judgment for defendant notwithstanding the verdict was erroneous, where the plaintiff first saw the street car more than half a block away, and, without knowing it was exceeding the lawful rate of speed, started to cross the track, and when the front wheels of his automobile were upon the nearer rail, he noticed that the street car, some fifty or sixty feet away, was coming toward him at a speed of thirty-five to forty miles an hour; it being for the jury to say whether plaintiff was guilty of contributory negligence in continuing across the track.</p> <p>Trial (63)—Taking Case Prom Jury—Power of Court. In determining a motion for judgment notwithstanding the verdict, the trial court cannot weigh conflicting evidence, but its decision must be based upon the testimony favoring the party against whom the motion is interposed.</p> <p>New Teial (3-1)—Right to New Teial in General. Where a trial court granted judgment notwithstanding the verdict, it had no jurisdiction, on an alternative motion for new trial, to enter an order that it would grant the motion in the event that the judgment notwithstanding verdict was reversed.</p>