Heath v. Wylie

Citations

• 109 Wash. 86
• 186 P. 313
• 1919 Wash. LEXIS 969

Syllabus

<p>Street Railroads (20)—Collision at Crossing — Contributory Negligence of Automobile Driver. The driver of an automobile struck by a street ear at a street intersection, was guilty of contributory negligence, as a matter of law, when it can be demonstrated that, had he looked with due care after his view was unobstructed as he testified he did without seeing any car, he would have seen the approaching car in time to have easily avoided the collision.</p> <p>Same (23)—Collision at Crossing—-Proximate Cause — Last Clear Chance. The doctrine of last clear chance does not apply where a collision between a street car and an automobile at a street intersection was caused by the contributory negligence of the driver of the automobile, and there was nothing to reasonably indicate to the motorman any purpose or lack of ability to handle the automobile with due care until after it was too late to avoid the collision.</p> <p>Death (9)—Right of Action—Defenses—Contributory Negligence. In an action for wrongful death, the contributory negligence of the husband, resulting in the death of the wife, is the contributory negligence of the community and hence precludes recovery for wrongful death of the wife.</p>