Legal Opinion · Dissent

Niven v. MacDonald

Washington Supreme Court

Decided September 21, 1967No. 38601Published

1DissentDonworth, J.

(dissenting)—I cannot reconcile the holding of this case with the law as set forth in the very recent case of Anderson v. Beagle, 71 Wn.2d 641, 430 P.2d 539 (1967), wherein this court held that the trial court was in error when it instructed the jury that a driver turning left into a private driveway was required to exercise an “extraordinary” degree of care. A more extraordinary degree of care than that required by the majority in this case could hardly be imagined. I, therefore, dissent.

RCW 46.60.120(4) (a) provides, in part, that:

No person shall turn a vehicle ... to enter a private road…

2Cases cited8 opinions

  1. Miller v. CodyWashington Supreme Court · 1953
  2. O'BRIEN v. City of SeattleWashington Supreme Court · 1958
  3. Tackett v. MilburnWashington Supreme Court · 1950
  4. Izett v. WalkerWashington Supreme Court · 1966
  5. Felder v. City of TacomaWashington Supreme Court · 1966

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