Dunsmoor v. North Coast Transp. Co.
| Decision Date | 31 October 1929 |
| Docket Number | 21968. |
| Citation | 281 P. 995,154 Wash. 229 |
| Court | Washington Supreme Court |
| Parties | DUNSMOOR v. NORTH COAST TRANSP. CO. et al. |
Department 2.
Appeal from Superior Court, Pierce County; Joseph B. Lindsley Judge.
Action by Marion Dunsmoor, a minor, by her guardian ad litem, E. J Dunsmoor, against the North Coast Transportation Company, a corporation, and another. From a judgment of dismissal plaintiff appeals. Affirmed.
F. A Latcham, of Tacoma, for appellant.
Poe, Falknor, Falknor & Emory, of Seattle, for respondents.
The appellant, Marion Dunsmoor, by her guardian ad litem, brought this action to recover for personal injuries received in a collision between an automobile in which she was riding and a public stage owned and operated by the respondent North Coast Transportation Company. A trial was entered upon by the court, sitting with a jury. After the appellant had concluded her case in chief, the respondent moved for a nonsuit, which motion the trial court granted, dismissing the action.
The accident causing the injury occurred on a public highway. At the place of the accident the highway extended east and west, and was straight and comparatively level in each direction for a considerable distance. The roadway was graded for a width of 45 feet or more, and was paved on its south side for a width of 20 feet. Traffic in both directions passed over the paved part of the way. At the time of her injury, the appellant was riding in a possenger car driven by her mother. For some two miles or more before the scene of the accident was reached, the car was following another car driven by one Davis. The cars overtook a truck traveling in the same direction. At about the time they overtook it, the truck was stopped rather suddenly on the paved part of the way. Davis succeeded in stopping his car without colliding with the truck. The mother also endeavored to stop, but, finding the brakes on her car out of condition, turned to the left to pass around the Davis car. As she made the turn, she discovered the stage of the respondent approaching on her front. She then turned further to the left for the purpose of leaving the pavement, but did not succeed in getting in the clear, and the right front corner of the stage struck her car on its right side near the forward end of the rear fender.
The trial court sustained the motion for a nonsuit on the ground that there was no evidence of negligence on the part of the driver of the stage. With...
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Cox v. Polson Logging Co.
... ... In the immediate vicinity of the crossing, north of the ... intersection and west of the highway, there is an area ... Snohomish County, 149 Wash. 109, 270 P ... 422; Dunsmoor v. North Coast Transportation Co., 154 ... Wash. 229, 281 P. 995; ... ...
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