Minor v. Stevens

Citations

• 65 Wash. 423
• 118 P. 313
• 1911 Wash. LEXIS 942

Syllabus

<p>Trial — Verdict—Special Finding — Determination oe Issues— Municipal Corporations — Use of Streets — Collision with Automobile — Contributory Negligence. A verdict for injuries sustained by a pedestrian, run- down by an automobile on a dark, rainy morning, cannot be sustained where there was evidence tending to show that the horn was sounded and the muffler cut out, although the plaintiff testified that he did not hear or see the machine, having an umbrella well down over his head, and the jury, to an interrogatory as to whether the plaintiff could in the exercise of his ordinary faculties have heard the horn or seen the lights by glacing in that direction, answered “we do not know;” since the issue as to contributory negligence was undetermined (Dunbar C. X, dissenting) .</p> <p>Municipal Corporations — Use of Streets — Evidence — Res Gestae — Conduct After Accident. In an action for injuries sustained by a pedestrian run down by an automobile, the conduct of tlie chauffeur subsequent to the accident is relevant only so far as it is part of the res gestae.</p> <p>Master and Servant — Injury to Third Person — Relation—Evidence — Admissibility. In determining whether a chauffeur was the servant of the owner of an automobile, or a lessee, the method and manner of his payment is material, where there is a dispute as to the facts.</p>