Hillebrant v. Manz

Citations

• 71 Wash. 250
• 128 P. 892
• 1912 Wash. LEXIS 731

Syllabus

<p>Municipal Corporations — Use of Streets — Violation of Law— Negligence. It is actionable negligence to drive an automobile on a city street at a rate of speed exceeding the speed limit and approach a pedestrian near an intersecting street without sounding an alarm, in violation of positive law.</p> <p>Same — Contributory Negligence — Question for Jury. A pedestrian struck by an automobile when about to board a street ear waiting near a street intersection, is not guilty of contributory negligence, as a matter of law, where, before starting for the car, he looked back and saw no automobile in the street, and walked toward the street car without again turning to look back, in the absence of any sound of a horn or other warning; other witnesses also testifying that the street was clear when he started for the car.</p> <p>■Same — Proximate Cause — Contributory Negligence — Last Clear Chance. Failure to look back after leaving the curb, even if contributory negligence, does not preclude a recovery where the defendant, driving an automobile, could have seen the plaintiff and avoided the accident if he had been running at a reasonable rate of speed or sounded a horn.</p>