Schoening v. Young

Citations

• 55 Wash. 90
• 104 P. 132
• 1909 Wash. LEXIS 711

Syllabus

<p>Municipal Corporations — Streets—Collision with Automobile-Contributory Negligence — Evidence—Suejtciency. In an action for injuries to plaintiff’s horse and buggy in a collision with defendant’s automobile, where the evidence is conflicting as to whether plaintiff was guilty of contributory negligence in driving on the left side of the street near a turn, findings for the plaintiff are supported by evidence that the automobile struck the left side of the buggy and horse before it had turned straight with the street.</p> <p>New Trial — Newly Discovered Evidence — Diligence. A new trial for newly discovered evidence is properly overruled where it appears that the evidence was known but not produced because its necessity was not anticipated.</p>