Hart v. Clapp

This case arises out of a collision between two automobiles at a street intersection in Tacoma. The plaintiff was a passenger in a car which collided with the car of the defendants. The defendant Mary Clapp was driving at the time.

The cause was tried to a jury. The court submitted the case to the jury upon the issues of negligence and contributory negligence. From judgment entered on a verdict in favor of defendants, plaintiff appeals.

The court gave the following instruction:

“You are instructed that the burden of proof is on the plaintiff to establish, by a fair preponderance of the evidence,…