Hartley v. Lasater

Citations

• 96 Wash. 407
• 165 P. 106
• 1917 Wash. LEXIS 601

Syllabus

<p>Highways — Automobile Collision — Excessive Speed — Liability. Where a motorcyclist was struck from behind when turning into an intersecting street in front of the defendants’ automobile, aside from all other questions, the defendants would be liable if they were driving at an excessive rate of speed and such was the proximate cause of the accident.</p> <p>Negligence — Last Cleae Chance — Question eob Court. Whether an instruction upon the last clear chance should be given is a matter of law for the court.</p> <p>Highways — Operation oe Automobiles — Negligence—Last Clear Chance. Although the doctrine of last clear chance is applicable to the negligent operation of automobiles, it has no application where a motorcyclist suddenly turned into an intersecting street in front of an automobile and his contributory negligence was concurrent and began and culminated without the lapse of appreciable time, so that the defendant had no time to appreciate the danger in time to avoid the accident.</p> <p>Same — Law of Road — Negligence — Presumptions. It is not necessarily negligence per se to violate Rem. & Bal. Code, § 5569, requiring vehicles going in the same direction to pass to the right; but one doing so assumes the risk and the burden to rebut the presumption of negligence.</p> <p>Same — Exceeding Speed Limit — Proximate Cause. Unless the excessive speed of an automobile exceeding the speed limit is the proximate cause of the accident the owner is not liable.</p> <p>Same — Automobile Collision — Contributory Negligence — Question fob Jury. 'Whether a motorcyclist is guilty of contributory negligence in turning into an intersecting street in front of defendants’ automobile, without looking or giving any warning signal, is a question for the jury.</p> <p>Same — Negligence—Actions—Issues — Pboximate Cause — Last Cleab Chance. Where a motorcyclist was struck from behind when turning into an intersecting street in front of defendants’ automobile, the only question is that