Gosa v. Hyde

Citations

• 117 Wash. 672
• 202 P. 274
• 1921 Wash. LEXIS 926

Syllabus

<p>Municipal Cobpobations (381, 390) — Stbeets — Automobiles— Negligent Use — Rate of Speed — Question fob, Juey. In an action for personal injuries resulting from being struck by an automobile, the question of the driver’s negligence is one for the jury, where the evidence shows plaintiff was on the unpaved portion of a street used by street railway lines for the purpose of boarding a car; that the defendant was driving her car on the paved portion of the street adjoining the unpaved strip at an excessive rate of speed; that she swerved to the left to avoid a parked car, and due either to skidding on the slippery pavement or to the excessive speed preventing the driver from turning to the right quickly enough, the automobile ran off the paved portion of the street onto the unpaved portion and struck the plaintiff.</p> <p>Same (392), — Automobiles—Degree of Cabe — Duty of Driver— Sudden Emergency — Instructions. The refusal of the court to give requested instructions dealing with the duty of an automobile driver when confronted with a sudden emergency was proper, where the evidence tended to show that the emergency, if any, arose from the operation of the automobile at an excessive rate of speed.</p> <p>Same (384, 392) — Proximate Gause — Instructions. An instruction defining proximate cause as “the cause which immediately preceded and directly produces the effect, as distinguished from a remote cause” is not approved as applied to the facts in the case.</p> <p>Appeal (129) — Preservation of Grounds — Requests for Instructions. An instruction as to speed limits under a city ordinance was not erroneous in failing to tell the jury that the place of an automobile collision was not within the thickly settled portion of the city, but was in that part where the twenty mile limit applies, where there was no evidence, nor any requested instruction addressed to that point.</p> <p>Damages (126) — Measure of Damages — Mental Suffering and Expenses Incurred — Instructions. In a