Molitor v. Blackwell Motor Co.

Citations

• 112 Wash. 279
• 191 P. 1103
• 1920 Wash. LEXIS 734

Syllabus

<p>New Trial (37)—Newly Discovered Evidence—Cumulative Evidence. The refusal to grant a new tria) on the ground of newly discovered evidence will not he disturbed, where the affidavits in support of the motion showed merely a corroboration of the matters testified to by appellant’s witnesses, and the court is satisfied that there was no abuse by the court in the exercise of its discretion.</p> <p>Municipal Corporations (384, 392)—Streets—Collision With Automobile—Proximate Cause—Instructions. In an action for injuries sustained by a bicyclist struck by an automobile, a requested instruction that violation of an ordinance in making a turn was the proximate cause of the injury, even though no headlight was burning on the bicycle, is properly refused, it being for the jury to determine whether failure to carry a light was the proximate cause.</p>