Maskell v. Alexander

Citations

• 91 Wash. 363
• 157 P. 872
• 1916 Wash. LEXIS 1060

Syllabus

<p>Negligence — Proximate Cause — Actions—Evidence—Sufficiency. A motorcycle racer, practicing on a race track, is guilty of gross negligence, where it appears that he came up behind another rider and crossed in front of him, crowding him off the beaten path although there was ample room to pass without doing so; and such negligence was the proximate cause of an injury to a watchman standing near who was run into by the rider who was interfered with.</p> <p>Same — Duty—Motorcyclists—Wanton or Reckless Acts. Motorcycle racers practicing on a race track owe a duty to a watchman stationed on the track to exercise reasonable care and prudence for his safety, and not to wantonly or recklessly injure him.</p> <p>Same — Contributory Negligence — Evidence—Sufficiency. A policeman employed to watch a gate at a race track during motorcycle practice is not guilty of contributory negligence in taking up his place on the track near the gate where it was necessary for him to be in order to enforce his authority and keep children off the track.</p> <p>Master and Servant — -Liability to Third Persons — Relation— Evidence. A motorcyclist whose negligence while practicing for a race caused injuries to the plaintiff is shown prima facie to be the servant of the defendant, where it appears that defendant owned the motorcycle and exercised control and supervision over it and the rider.</p>