Singer v. Martin

Citations

• 96 Wash. 231
• 164 P. 1105
• 1917 Wash. LEXIS 578

Syllabus

<p>Trial — Instructions — Requests. Error cannot be predicated upon tbe refusal of a requested instruction wbicb is partly bad and partly good.</p> <p>Carriers- — Op Passengers — Jitney—Negligence—Excessive Speed —Instruction. In an action by a passenger in a jitney bus for injuries sustained in a collision through negligent driving and excessive speed, it is error to instruct that it is not enough without more that the excessive speed brought the jitney to the place of the collision at the moment when it took place.</p> <p>Same. In such an action it is error to instruct that the plaintiff cannot recover unless the driver of the jitney failed to take reasonable care to avoid the other car after he saw the danger of a collision; as the doctrine of last clear chance has no application.</p> <p>Same. In such an action, where the instruction as a whole gave to the jury the law of proximate cause as applicable to the negligence charged, appellants cannot complain because a definition of proximate cause was not given, when no request therefor- was made.</p> <p>Same — Passengers in Jitney — Degree op Care — Law op Road. Since the driver of a jitney bus owes the duty to passengers to exercise the highest degree of care compatible with the practical operation of the car, the duty is not discharged, as a matter of law, by simply observing the law of the road with reference to traveling on the right-hand side of the street.</p> <p>Same — Speed Limit — Repeal op Statute — Effect. Rem. & Bal. Code, § 5571, limiting the speed of automobiles in cities is more than a mere rule of evidence as to negligence and creates a duty entering into the contract of carriage of passengers in a jitney bus, so that the repeal of the act by Rem. Code, § 3562-35, does not affect rights of action theretofore existing.</p> <p>Same — Passengers—Speed Limit — Statutes—: Injury to Property. The statute limiting the speed of automobiles in cities may be invoked by a passenger in a jitney bus, as well as b