Lampe v. Jacobsen

Citations

• 46 Wash. 533
• 90 P. 654
• 1907 Wash. LEXIS 657

Syllabus

<p>Municipal Corporations — Streets—Collision With Automobile —Negligence—Questions por Jury. In an action for injuries sustained by a pedestrian in a collision with an automobile at a street crossing in the business center of a city, the questions of negligence and contributory negligence are for the jury, where the evidence is conflicting as to the speed of the automobile, whether it.could have been stopped in time, and as to the distance from the sidewalk to the place of the accident.</p> <p>Continuance — -Pleading—Amendment at Trial — Surprise—Discretion. In an action for injuries sustained by a pedestrian in a collision with an automobile, it is not an abuse of discretion to refuse a continuance upon allowing a trial amendment to the complaint to show that the machine was driven by defendant’s servant instead of by defendant, and to show that the driving was “negligent” in addition to being “wilful,” where, on application for continuance by defendant on the ground of surprise, no showing was made that defendant could not safely go to trial.</p>