Laughlin v. Seattle Taxicab & Transfer Co.

Citations

• 84 Wash. 342
• 146 P. 847
• 1915 Wash. LEXIS 797

Syllabus

<p>Mhnicipal Corporations — Injury to Pedestrians — Streets—Negligence — Last Clear Chance. Where pedestrians, struck by a taxicab just as they were stepping from the curb, were not seen by the driver, there is no room for the operation of the rule of last clear chance.</p> <p>Trial — By Court — Findings of Fact. In an action for personal injuries, tried to the court, in which the court stated that the case should be submitted on the facts, and overruled a motion for non-suit and denied a challenge to the sufficiency of the evidence at the close of the case, and held that the plaintiff could not recover on account of' contributory negligence, the decision was one on the facts.</p> <p>Appeal — Review—Findings. Upon a close question of fact, findings are entitled to weight and will not be set aside on appeal unless not sustained by the preponderance of the evidence.</p> <p>Municipal Corporations — Streets—Injury to Pedestrians — Contributory Negligence — Evidence—Sufficiency. Where pedestrians saw an approaching taxicab eighty feet away, when nine feet from the curb as they entered the street, and were struck by the taxicab just as they stepped from the curb, findings that they were guilty of contributory negligence are sustained.</p>