Jaquith v. Worden

Citations

• 73 Wash. 349
• 132 P. 33
• 1913 Wash. LEXIS 1606

Syllabus

<p>Evidence — Conversations—Hearsay. Where a conversation was only hearsay as to what another was told, it is not error to exclude the balance of it, after part of it was put in evidence.</p> <p>Municipal Corporations — Streets — Negligent Use — Pleading and Proof — Ordinances. In an action for injuries sustained, in an automobile collision, an ordinance fixing the speed limit is admissible in evidence without having been pleaded, where the action was not founded directly on the ordinance.</p> <p>Appeal — Review—Harmless Error. In an action for injuries sustained in an automobile collision, error, if any, in admitting in evidence a speed ordinance, may be cured by instructions submitting the case to the jury under the general statutes defining the speed limit.</p> <p>Municipal Corporations — Use of Streets — Driving Automobile —Instructions. Where, on defendant’s own testimony, he was guilty of negligence in driving an automobile while so blinded by a street car light that he could not see ahead, it is not error to fail to instruct under what circumstances his rate of speed, if excessive, would be the proximate cause of the injury, concurring with the negligence -of another in leaving an unlighted car in the street, where the instructions properly defined the facts required to render him liable; since either would be liable if the negligence of either concurred to produce the proximate cause.</p> <p>Same — Unsighted Caes — Statutes. Rem. & Bal. Code, § 5568, providing that every automobile “when driven” on a public road or street must be lighted during the hours of darkness, applies to cars left standing in the street.</p> <p>Same — Unlighted Cars — Diability oe Parent eor Acts oe Son. The owner of an automobile is responsible for his son’s leaving his unlighted automobile standing in the street at a place where he was accustomed to leave, it unlighted, if his son knew of the custom and had used the machine with his consent, express or implied.</p> <p>Appeal — Revie