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· 11/2/1909

Pantages v. Seattle Electric Co.

Citations

  • 55 Wash. 453
  • 104 P. 629
  • 1909 Wash. LEXIS 781

Syllabus

<p>Evidence — Opinions—Admissibility. It is error to permit a witness to give his opinion as to the competency of a person to drive an automobile, as the jury is capable of drawing the proper inferences from a statement of the facts.</p> <p>Street Railroads — Collision With Automobile — Negligence— Instructions. In an action for damages from a head-on collision of a street car and an automobile, it is error to refuse to give an instruction to the effect that the motorman had a right to assume, until the danger became imminent, that the automobile would turn off the track, where there was evidence that the automobile was skidding on slippery rails, that the driver could have stopped it any time within one hundred feet of the car, but took the chance of guiding it off and made no effort to stop until within ten or twelve feet of the car, especially where there was evidence that the car had come to a full stop before the collision.</p>

Judges: Chadwick

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