Tyrell v. Leege

Citations

• 105 Wash. 438
• 178 P. 467
• 1919 Wash. LEXIS 601

Syllabus

<p>Municipal Corporations (383)—Use op Highway—Contributory Negligence—Colliding With Automobile. One riding a bicycle near the middle of a city street in the daytime, with a plain view ahead for several blocks, is guilty of contributory negligence, as a matter of law, in failing to see and in colliding with an automobile, driven in a straight line in the opposite direction, there being no other vehicle near.</p> <p>Appeal (432)—Review—Harmless Error—Party Not Entitled in Any Event. In an action for negligence, error in excluding evidence as to defendant’s negligence is harmless where the plaintiff was guilty of contributory negligence as a matter of law.</p> <p>•Same (263, 276)—Record—Evidence—Necessity. Error cannot be predicated on the refusal to reopen a case for further evidence, where the record does not disclose the nature of the evidence or show any abuse of discretion.</p>