Fannin v. Roe

This is a personal injury action arising out of an automobile accident. Trial was commenced before a jury. At the conclusion of plaintiffs’ evidence, the trial court sustained defendant’s challenge to the sufficiency of the evidence and dismissed plaintiffs’ action. Plaintiffs’ appeal, assigning error to the trial court’s ruling.

A review of the record reveals the following version of the accident presented by plaintiffs’ evidence: On August 14, 1959, at about 8 p.m., plaintiff wife and her two young children were driving south on Bothel Way, between 137th and 138th Streets, in Seattle.…