Tschirley v. Lambert

Citations

• 70 Wash. 72
• 126 P. 80
• 1912 Wash. LEXIS 1002

Syllabus

<p>Highways — Collision—Automobile and Bicycle — Negligence— Contributory Negligence — Evidence—Question eor Juey. The negligence of the driver of an automobile in colliding with the plaintiff riding a bicycle, and the contributory negligence of the plaintiff, are questions for the jury, where it appears that, after each had observed the other, several hundred feet away, the plaintiff, without watching, crossed the road ahead of the automobile approaching at the rate of 15 or 20 miles an hour, and was clear of the roadway when struck, and that, with plaintiff in full view, the automobile approached with undiminished speed without warning or signal and left the road where it collided* with the plaintiff, probably because the driver “got rattled,” and the collision would not have happened if the automobile had kept its course in the road.</p>