Broze v. Randall

Two automobiles collided at an uncontrolled intersection in Seattle, November 3, 1962. Plaintiff, the disfavored driver, says that he could not be deemed contribu-torially negligent as a matter of law in failing to yield the right of way because the defendant, approaching him from his right, was coming up a very steep hill. The steep hill, he contends, diminished his responsibilities under the right-of-way statute, and left the question of contributory negligence to the jury.

It was about 7:30 p.m. and dark, when plaintiff, driving his yellow, 1961 Porsche automobile, slowly north on 19th…