NOVIS v. TIPTON

No. 36637.

63 Wn.2d 473 (1963)

387 P.2d 737

EMIL H. NOVIS et al., Respondents, v. JOHN D. TIPTON et al., Appellants.

The Supreme Court of Washington, Department Two.

December 19, 1963.


Attorney(s) appearing for the Case

Tollefson & Tollefson (H.M. Tollefson, of counsel) and Weyer, Sandelin & Sterne (D. Scott Sandelin, of counsel), for appellants.

Gordon, Goodwin, Sager & Thomas, for respondents.


HAMILTON, J.

The primary issue involved in this appeal is whether the driver of plaintiffs' automobile (the disfavored vehicle) was contributorially negligent in failing to yield the right of way at an arterial intersection. The trial court deemed the issue to be one of fact and submitted the question to the jury. From an adverse verdict defendants appeal, contending contributory negligence was established as a matter of law.

The automobile accident giving...

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