Foran v. Kallio

— As a result of a collision which occurred on First Avenue, South, in Seattle, at about four o’clock a. m., on the morning of December 7, 1957, Joseph D. Foran suffered severe personal injuries and damage to his automobile. Appellant Foran had been driving his car in a southerly direction, when it ran out of gas. He was able to coast over to the curb, where he parked and hailed a passing taxicab for the purpose of obtaining gas for refueling. After the taxicab driver returned with the gas, he parked his cab immediately to the rear of appellant’s car. While appellant was engaged in refueling…