Underhill v. Stevenson

Citations

• 100 Wash. 129

Syllabus

<p>Municipal Corporations — Streets — Crossing Accident — Last Clear Chance. Assuming that a pedestrian, who became confused in attempting to avoid an automobile and turned first one way and then another, was guilty of negligence in the devious course she pursued, the doctrine of last clear chance applies, where the jury might have found that the proximate cause of the injuries was the defendant’s failure to embrace the last clear chance of avoiding injury by stopping his car, after observing plaintiff’s confusion.</p> <p>Same—Streets — Crossing Accidents — Instructions. Upon an issue as to the last clear chance of the driver of an automobile to avoid a crossing accident, it is error for the court to instruct that it was defendant’s duty to stop the car if he saw plaintifi’s danger and that an accident would probably result, instead of leaving it to the jury to determine upon proper instructions as to taking such precautions as would be taken by a reasonably prudent driver.</p>