Wilbert v. Sturgeon

Citations

• 118 Wash. 551
• 204 P. 185
• 1922 Wash. LEXIS 694

Syllabus

<p>Municipal Corporations (379) — Streets—Negligent Use — Collision at Crossing — Law op Road — Violation oe Ordinance. Where a collision occurs between an automobile and a bicycle, both of which were proceeding on the wrong side of the street, the bicycle rider is not chargeable with contributory negligence, if he had been forced into that position in an effort to avoid the negligence of the driver of the automobile.</p> <p>Pleading (181) — Variance—Materiality to Issue. A complaint alleging that a collision between vehicles occurred “about three feet from the curb, at the northwest corner” of two streets, while the proof showed the accident was some twenty feet north of that point, does not constitute a fatal variance, when there is no showing the defendant was misled by the pleading.</p>