Stephenson v. Parton

Citations

• 89 Wash. 653
• 155 P. 147
• 1916 Wash. LEXIS 848

Syllabus

<p>Highways — Use eoe Travel — Negligence. It is negligence to drive an automobile against a man standing in tbe highway beside his wagon, the view being unobstructed and there being ample level space in the traveled road to avoid hitting him.</p> <p>Same — Instructions. An instruction to that effect is not erroneous as placing the whole burden on the defendant without reference to contributory negligence; since it was the driver’s duty to avoid hitting him.</p> <p>Same — Instructions—Negligence. In an action for the wrongful death of a person struck by an automobile, an instruction to the effect that, if the deceased had turned from his vehicle, was going away from it, and was run into without negligence on his part, and if his injury was the result of carelessness or negligence on the part of the defendant, the plaintiff could recover, is correct.</p> <p>Same — Instructions—Last Clear Chance. In an action for the wrongful death of a person struck by an automobile while standing in the street beside his vehicle, or stepping away from the same, where he was seen by the driver two hundred or three hundred yards away, an instruction upon the doctrine of last clear chance is not reversible error.</p> <p>Appeal — Harmless Error — Verdict. In an action for wrongful death, the defendant is not prejudiced by allowing the jury to segregate the damages and bring in separate verdicts for the different beneficiaries, where it is not claimed that the total amount of the judgment is excessive.</p>