161P2d536part1



	Sakshaug v. Barber, 161 P2d 536 (Wash 1945). A 12 year old bicyclist attempting a left hand turn at a T intersection was struck by an overtaking straight-through motorist and killed. This was a two lane hard surfaced macadem road 28 feet wide with a center line. The side road to the left was graveled with a well-defined approach some 76 feet long extending towards the T intersection on the straight through road. The boy was riding down a grade and was followed by his little dog. He was on his way to a basketball game right after school. His body was found in the center of the straight through road directly in front of the entrance to the intersecting side road, where he was attempting his left turn. The car left skid marks 15 feet long in the left (oncoming) lane near the collision site. A witness said it came to a stop 70 to 75 feet from where the body lay. The windshield on the right side of the car was broken, and there was a slight dent on the right running board. The boy's mother testified that he and his friends rode bicycles regularly, that the boy was a very good rider, was careful and knew all the rules. The plaintiff won at trial, but the judge granted the defendant's motions for a judgment notwithstanding the verdict and for a new trial. The state Supreme Court reversed the JNWV and affirmed the motion for a new trial. From the court's opinion: "The only living witness to the accident was respondent William Barber. He was acquainted with both roads and was driving at a speed of thirty miles per hour and slowed down when he saw the boy in front of him. We quote from his testimony as follows: [...] "'Q. Did you see the boy hold out his hand in front of you? "'... A. He didn't hold his hand out. He held it up. "'Q. Did you have a conversation with Mr. Sakshaug, after that? A. No, he held up his hand. "'Q. Where was the boy when he held up his hand, as you say? A. On the right-hand side of the road. "'Q. How far on the right-hand side? A. Where he belonged. "'Q. That can be anywhere. On the yellow line, or where, in relationship to the side of the road? A. Over to the right-hand side of the road. "'Q. You went past him. A. No, sir. "'Q. If you never passed him, how did you hit him? A. I didn't hit him. He hit me. "'Q. You knew there was a road turning to the left just about where you saw this boy or just before he got to that, didn't you? A. That was some 800 feet before the boy got to this road. "'Q. Where was the boy lying after the accident? A. In the road. "'Q. Where, in reference to this side road? A. Well-- "'Q. Just answer the question. You attempted to pass him 800 feet back? A. There was a little dog ran, -- "'Q. Now, you were trying to miss the dog, were you? A. I wasn't trying to miss him. I was waiting for him to get out of the road. "'Q. Didn't you know this road turned to the left at this point? A. Well, I presume I did, but its not a road very much traveled, although it is a road the farmers use to get up there. "'Q. It is a well-traveled road? A. I don't know--yes, I guess. "'Q. Well-used. Did you tell Mr. Sakshaug, some day or so after this accident that you, in effect, knew you were wrong--that if you had this to do over again, you wouldn't go by there? A. No, sir, I didn't say that. "'Q. About how fast were you going when you slowed down? You told Counsel you slowed down because of the dog and the boy? A. Ten miles an hour when I slowed down for the dog. The dog was quite long and a few inches high--very small curly-haired dog. "'Q. After the dog had gone by, what did you do? A. I naturally speeded up to go by the boy. "'Q. Have you any idea what speed the boy was going? A. I'm no judge of speed on a bicycle. He was doing down a grade--going right along. I wouldn't say his speed. I'm not sure of it. He was pedaling right along down the grade. "'Q. So far as bicycles go, was he going fast or slow? A. He was going a very good speed for a bicycle. "'Q. I wasn't just clear what part of the pavement he was traveling? A. The pavement? [Please click here to continue reading.]

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