Woodruff v. Ewald

• Decision Date: 18 November 1924
• Docket Number: 18756.
• Citation: 230 P. 149,131 Wash. 285
• Court: Washington Supreme Court
• Parties: WOODRUFF v. EWALD.

230 P. 149

131 Wash. 285

WOODRUFF v. EWALD.

No. 18756.

Supreme Court of Washington

November 18, 1924

Department 1.

Appeal from Superior Court, Thurston County; Wilson, Judge.

Action by Frances Woodruff against Mark Ewald. Judgment for plaintiff, and defendant appeals. Affirmed.

See also, 127 Wash. 61, 219 P. 851.

Frank C. Owings and Thos. L. O'Leary, both of Olympia, for appellant.

Vance &amp Christensen, of Olympia, for respondent.

TOLMAN J.

This is an action to recover for personal injuries alleged to have been sustained in an automobile collision. The case was tried to a jury, and the defendant appeals from an adverse verdict and a judgment thereon.

The first group of errors assigned are based upon the assumption that respondent failed to make a case sufficient to go to the jury on the question of appellant's negligence, and are argued together. We have carefully read and considered respondent's evidence relating to this matter, and find it sufficient. Indeed the testimony, in part by apparently disinterested witnesses, to the effect that appellant at the time admitted that he was at fault, under the peculiar circumstances of this case, is alone sufficient to carry the question of his negligence to the jury, hence nothing more need be said upon this subject.

The second branch of the case has to do with the supposed contributory negligence of the respondent, and of the driver of the car in which she was a passenger, upon the theory that they were engaged in a joint venture, and that therefore the driver's negligence is to be imputed to the respondent. There was evidence introduced from which the jury might find substantially as follows:

On Sunday morning, October 8, 1922, respondent, who was then the house guest of her sister, Mrs. Burr, started from the Burr home for church in a Ford sedan automobile, belonging to and driven by Mrs. Burr; respondent occupying the rear seat in the car. Entering the city of Olympia on the Pacific Highway from the east, the car traversed Fourth avenue to its intersection with Franklin street, where it turned south and proceeded along the westerly or right-hand side of Franklin street to its intersection with Fifth avenue, which is near the business center of the city of Olympia, and in what may be termed the 'congested district.' The Burr car was proceeding probably at a speed of 8 or 10 miles an hour. As the intersection was approached Mrs. Burr, the driver of the car, looked so far to the left as to see the entire intersection, testified that it was clear, and thereafter gave the most of her attention to the right for the purpose of observing any traffic which might be approaching from her right, and would have the right...