Johnson v. Johnson

Citations

• 85 Wash. 18
• 147 P. 649
• 1915 Wash. LEXIS 826

Syllabus

<p>Appeal and Error — Presumptions—Instructions — Correctness. Where no question was raised as to the court’s instructions, it will be assumed on appeal that, if the cause was one for the jury on the evidence, the instructions correctly stated the law and all of the law applicable.</p> <p>Negligence — Contributory Negligence. When the defendant’s negligence is the proximate cause of the injury for which action is brought, while that of plaintiff is only a mere condition and not an efficient cause of the injury, plaintiff’s contributory negligence would not defeat recovery.</p> <p>Municipal Corporations — Use op Streets — Collisions—Contributory Negligence — Question por Jury. Whether an automobile colliding with a pedestrian on a street crossing without sounding a warning, was making noise sufficient to advise of its approach, and whether the average person accustomed to the usual street noises could have consciously heard and heeded the noise of the moving machine, are questions for the jury, where the evidence was conflicting on the point that considerable noise was made by the automobile as it approached the crossing where it ran over the pedes trian.</p> <p>Municipal Corporations — Injuries to Pedestrian — Contributory Negligence — Right op Way. A pedestrian, struck down by an automobile upon a street crossing where, by ordinance, she had the superior right of way, cannot be said, as a matter of law, to have been guilty of contributory negligence in not continuously observing the approach of the automobile, which she perceived a block away and thereafter paid no attention to it when she started to cross a well-lighted street, where her view was not obstructed by the presence of other vehicles, she having a right to assume that the driver would approach at a lawful rate of speed, that he would sound some signal of his approach, that he would observe the city ordinance and state statute as to speed at street crossings prohibiting a speed in excess of four miles an