Yuill v. Berryman

• Decision Date: 01 February 1917
• Docket Number: 13592.
• Parties: YUILL v. BERRYMAN et ux.
• Court: Washington Supreme Court

162 P. 513

94 Wash. 458

YUILL v. BERRYMAN et ux.

No. 13592.

Supreme Court of Washington

February 1, 1917

Department 2. Appeal from Superior Court, King County; Everett Smith Judge.

Action by P. N. Yuill against G. H. Berryman and wife. Judgment for plaintiff, and defendants appeal. Affirmed.

Shorett McLaren & Shorett, of Seattle (Edward R. Taylor, of Seattle of counsel), for appellants.

Frank A. Paul, of Seattle, for respondent.

MOUNT J.

This action was brought to recover damages resulting from a collision between two automobiles. The plaintiff alleged that the defendant was negligent, and ran against the plaintiff's car, causing damages to the car and personal injuries to the plaintiff. The defendant answered, denying negligence, admitting the collision, and alleged that the plaintiff was negligent, and damaged the defendant's car and sought damages on account thereof. Upon these issues, the case was tried to the court without a jury. At the conclusion of the trial, the court found in favor of the plaintiff, fixed his damages at $104.45 for repairs to the car, and $250 for personal injuries. Judgment was entered against the defendant for $354.45. The defendant has appealed.

The one question presented in the case is whether the respondent should recover. It appears that, on the 30th day of May, 1915, at about 3 o'clock in the afternoon, the respondent was driving his car east on Denny way. At the same time, the appellant was driving his car north on Seventeenth avenue. Denny way runs east and west, while Seventeenth avenue runs north and south. These streets intersect each other. They are both paved streets. At the intersection of these streets, they are 24 feet wide from curb to curb. On that day the pavement was dry, and at this point the streets were practically level.

The evidence conclusively shows, we think, that the respondent traveling east on the south side of Denny way, arrived at the intersection first. When he entered the intersection of these streets, he was traveling at from four to eight miles per hour. At that time, the defendant was to the south of Denny way, on the right-hand side of Seventeenth avenue, going north, approaching the intersection. He was from 40 to 50 feet away. He entered the intersection, according to his evidence, at from four to eight miles per hour. It is claimed by the appellant that the respondent's automobile struck the left front wheel of the appellant's automobile, and caused the injury, while the respondent claims that the appellant's automobile struck his automobile about the center, and caused the damage complained of. If the testimony of the parties is to be believed, they were each traveling within the speed limit. It is clear from the evidence that the respondent's automobile entered the intersection of these streets first; that the appellant...