IWATA v. CHAMPINE

No. 39668.

74 Wn.2d 844 (1968)

447 P.2d 175

FRANK IWATA, Appellant, v. DARRELL EDWARD CHAMPINE et al., Respondents.

The Supreme Court of Washington, Department One.

November 15, 1968.


Attorney(s) appearing for the Case

Rutherford, Kargianis & Austin, by Samuel C. Rutherford, for appellant.

Hugh R. McGough, for respondents.


ROSELLINI, J.

The trial court sustained a challenge to the sufficiency of the plaintiff's evidence and dismissed this personal injury action, finding the plaintiff guilty of contributory negligence as a matter of law.

On appeal the plaintiff argues that the jury could have inferred negligence on the part of the defendant in failing to see the plaintiff, who was a pedestrian in a marked crosswalk, in time to avoid the accident. The defendant's negligence, of...

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