Lawe v. City of Seattle, 22988.

• Decision Date: 09 July 1931
• Docket Number: 22988.
• Citation: 1 P.2d 237,163 Wash. 362
• Parties: LAWE v. CITY OF SEATTLE et al.
• Court: Washington Supreme Court

1 P.2d 237

163 Wash. 362

LAWE v. CITY OF SEATTLE et al.

No. 22988.

Supreme Court of Washington

July 9, 1931

Department 2.

Appeal from Superior Court, King County; William J. Steinert, Judge.

Action by A. C. Lawe against the City of Seattle and another. Judgment for plaintiff, and defendants appeal.

Affirmed.

A. C Van Soelen, C. C. McCullough, and John A. Logan, all of Seattle, for appellants.

Frank M. Egan, of Seattle, for respondent.

MILLARD J.

This is an action against the city of Seattle and one of its employees to recover for personal injuries alleged to have been sustained by the plaintiff as the result of negligent operation by the employee of a truck owned by the city. From judgment on the verdict in favor of the plaintiff, motions for judgment notwithstanding the verdict and for a new trial having been overruled, the defendants appealed.

This appeal presents only one question for determination: Did respondent's negligence contribute to his injury to such a degree as to require the court to hold, as a matter of law that it barred his right to a recovery?

Ordinarily, the question of contributory negligence is for the jury. A court will determine the question only when but one reasonable conclusion can be reached from a given state of facts. The facts, which are summarized as follows, obviously preclude the application of the exception to the rule requiring the submitting to the jury of the question of contributory negligence:

The accident, out of which this controversy arose, occurred the forenoon of November 16, 1929, in the city of Seattle near the intersection of Eleventh Avenue Southwest and West Spokane street. West Spokane street, one of the thoroughfares connecting West Seattle with the business section of the city, runs easterly and westerly and crosses the Duwamish river by means of a bridge. Several blocks east of the bridge there is a wooden trestle in the center of West Spokane street. On that trestle are street car tracks. All traffic proceeding west and towards West Seattle uses that portion of West Spokane street north of the trestle. All traffic going east and towards the business section of the city travels over that portion of West Spokane street south of the trestle. At the time of the accident there was only one bridge for all vehicular traffic going in both directions across the Duwamish river. The width of the bridge was less than the width of West Spokane street: hence west-bound traffic, upon arriving at the east approach of the bridge was required to turn to the left or south to get upon the approach. East-bound traffic, upon leaving the east approach to the bridge, turned to the right or sough, and proceeded through openings in the trestle to the roadway on the south side of the trestle. The north portion of West Spokane street is again divided at the approach to the bridge, and a portion continues west beyond and to the north of the bridge to Klickitat avenue and the river. Klickitat avenue runs north and south, and passes under the trestle supporting the bridge, and connects with the southerly portion of West Spokane street. The northerly portion of West Spokane street both east and west of the east approach to the bridge, was at the time of the accident and for a long time prior thereto designated by the city for use of west-bound traffic only, and on the pavement in large letters were the words 'One Way Traffic' with an arrow head pointing westward. On West Spokane...