Cooney v. Tacoma Moving & Storage Co.

Citation285 P. 667,155 Wash. 628
Decision Date05 March 1930
Docket Number22150.
CourtWashington Supreme Court
PartiesCOONEY et al. v. TACOMA MOVING & STORAGE CO.

Department 2.

Appeal from Superior Court, Pierce County; Homer Kirby, Judge.

Action by E. C. Cooney and others, copartners, doing business as the Cooney Transfer & Storage Company against the Tacoma Moving &amp Storage Company. From a judgment dismissing the action plaintiffs appeal.

Affirmed.

Williamson Freeman & Broenkow, of Tacoma, for appellants.

Ellis &amp Evans, of Tacoma, for respondent.

MAIN J.

The plaintiffs brought this action to recover damages to a truck owned by them claimed to be due to negligence chargeable to the defendant. The defendant denied liability, and by cross-complaint sought damages to a truck owned by it. The cause was tried to the court and a jury and resulted in a verdict in favor of the plaintiffs in the sum of $755.70. The defendant moved for judgment notwithstanding the verdict, which motion was sustained. Judgment was entered dismissing the action, from which the plaintiffs appeal.

The facts are these:

The accident out of which litigation arose happened June 2, 1925, in the city of Tacoma, at the intersection of Dock street and a private roadway. Dock street extends north and south, and the private roadway east and west. To the east of Dock street, there are two dock buildings, the Commercial and the Eureka. Between these two docks is the private roadway mentioned. The docks on the east border on the city waterway. Between the driveway on Dock street and the west side of the docks, there are a number of railway tracks. The most westerly of these is a spur track, the north end of which terminates at the south line of the private roadway.

At the time of the accident there were one or more freight cars standing on the north end of this spur. A truck owned by the appellants and driven by one of their employees, Elmer Phillips, was proceeding west on the private roadway, intending to enter and turn south on the roadway on Dock street. He was proceeding at a speed of about ten miles an hour. A truck owned by respondent and driven by one Leonard V. Brock was proceeding north on the roadway on Dock street at a speed of approximately twenty miles per hour. As Phillips entered Dock street and was making the turn to the left, the truck which he was driving was struck just back of the driver's seat thereon, by the front end of the truck driven by Brock, with the result that both trucks sustained more or less damage.

There is some controversy over whether Phillips' testimony should be construed as meaning that he looked as he entered from the private roadway onto Dock street, and saw the truck of the...

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7 cases
  • Devlin v. Spokane United Rys.
    • United States
    • Washington Supreme Court
    • 29 août 1935
    ... ... American Fruit ... Growers, 154 Wash. 693, 283 P. 444; Cooney v. Tacoma ... Moving & Storage Co., 155 Wash. 628, 285 P. 667; ... ...
  • Sandberg v. Spoelstra
    • United States
    • Washington Supreme Court
    • 23 juin 1955
    ...margin of safety under the existing circumstances. See RCW 46.60.190 [cf. Rem.Rev.Stat., Vol. 7A, § 6360-92]; Cooney v. Tacoma Moving & Storage Co., 1930, 155 Wash. 628, 285 P. 667; Weaver v. McClintock-Trunkey Co., 1941, 8 Wash.2d 154, 111 P.2d 570, 114 P.2d 1004; Wheaton v. Stuck, 1949, 3......
  • Rust v. Schlaitzer
    • United States
    • Washington Supreme Court
    • 8 décembre 1933
    ... ... such close proximity to the intersection. Cooney v ... Tacoma Moving & Storage Co., 155 Wash. 628, 285 P. 667; ... ...
  • Harry v. Beatty
    • United States
    • Washington Supreme Court
    • 4 avril 1934
    ... ... American Fruit Growers, Inc., ... 154 Wash. 693, 283 P. 444; Cooney v. Tacoma Moving & ... Storage Co., 155 Wash. 628, 285 P. 667 ... ...
  • Request a trial to view additional results

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