Hoffman v. Hansen

Citations

• 118 Wash. 73
• 203 P. 53
• 1921 Wash. LEXIS 945

Syllabus

<p>Master and Servant (20-1) — Injury to Servant — Workmen’s Compensation Act — “Plant”—Scope oe Employment — Election as Remedies. An electric railway motorman who had registered for his daily service and then left the plant and premises in pursuit of his own pastime, prior to taking up the duties of his employment, and was injured in a. street accident, does not come within the provisions of Rem. Code, § 6604-3, requiring him to elect in advance of suit whether to take under the workmen’s compensation act or seek a remedy against the party liable for the injury.</p> <p>Municipal Corporations (380, 391) — Streets—Collision With Automobile — Contributory Negligence — Right oe Way. An ordinance giving vehicles the right of way over pedestrians between street intersections and crossings does not confer the absolute right of way upon the vehicle, but imposes upon the pedestrian a higher degree of care than at regular crossings.</p> <p>Same (390) — Use of Streets — Negligence—Evidence—Question for Jury. Whether plaintiff could have been injured by an automobile as he claimed, in view of testimony as to the part of the automobile with which he came in contact, was a matter for the jury, and not ground for a motion for judgment notwithstanding the verdict.</p> <p>Same (390). Where the evidence in an action for personal injuries showed that an automobile without lights, while it was still dark, was driven at an excessive rate of speed, swerved from near the middle of the street to a point at or near the curb and ran down plaintiff while he was endeavoring to get from the street to the curb, it presented a question for the jury, and was not subject to motion challenging the sufficiency of the evidence nor to motion for judgment notwithstanding the verdict.</p> <p>New Trial (39) — Grounds—Newly Discovered Evidence — Credibility. A new trial will not be granted for newly discovered evidence which goes merely to the credibility of the opposite party as a witness.</p> <p>Same (