Kaufman v. Sickman

Citations

• 116 Wash. 672
• 200 P. 481
• 1921 Wash. LEXIS 990

Syllabus

<p>Highways (580—Use for Travel—Driver of Automobile—Contributory Negligence. One lawfully using a public highway is not required by any rule of law to be constantly looking and listening to ascertain if an automobile is approaching, in order that he may avoid any imputation of contributory negligence for injuries received.</p> <p>Same (52, 57)—Use for Travel—Driver of Automobile—Negligence—Evidence—Sufficiency. In an action for damages resulting from a collision between automobiles, the negligence of defendant was established by evidence showing that the chauffeur was driving at the rate of thirty to forty-five miles an hour through a village, that he had an unobstructed view of the road for over 300 yards, that he glanced aside to wave to a friend and did not see the signal of the driver of the other car indicating that he was going to turn across the road.</p> <p>Same (58)—Use for Travel—Contributory Negligence—Evidence—Sufficiency. Whether a person injured in the collision of two automobiles as the result of the negligence of the other driver was himself guilty of contributory negligence was for the jury, where' the evidence showed he stopped at the side of the highway, and, intending to turn to the left, glanced behind some fifteen seconds before getting in his car, saw no approaching car, then released the brake, started his car, and threw out his hand as a signal that he was going to' turn to the left, and his car was struck by the other car on the left-hand side- behind the front wheel and carried a distance of about seventy-five feet.</p> <p>Damages (80)—Personal Injuries—Excessive Verdict. In an action for personal injuries, a verdict for $1,185 for pain, suffering and shock, $958.33 for permanent injuries; $534 for loss of time, and $122 for medical and hospital expenses, was not excessive, where it appeared plaintiff was seriously injured, the skin and flesh from his forehead were lacerated to the bone and hung down over his eyes, he was delirious for so