Axness v. Edwards

Plaintiff Lyman B. Axness’ car and defendant Marineaux Edwards’ car collided at the intersection of 18th Avenue and East Madison Street, Seattle. Each party sued the other for negligence for damages sustained. Neither party recovered. The court granted a new trial to defendant for error in instructing the jury on the deception exception set forth in Martin v. Hadenfeldt, 157 Wash. 563, 289 P. 533 (1930). Plaintiff appeals.

*781The controlling question presented is the sufficiency of evidence to support the deception instruction given based on the increased speed of a favored driver on an arterial…