Novis v. Tipton

The primary issue involved in this appeal is whether the driver of plaintiffs’ automobile (the disfavored vehicle) was contributorially negligent in failing to yield the right of way at an arterial intersection. The trial court deemed the issue to be one of fact and submitted the question to the jury. From an adverse verdict defendants appeal, contending contributory negligence was established as a matter of law.

The automobile accident giving rise to this action occurred at about 3:30 p.m. on a clear, dry, December day, at the intersection of Proctor and North 13th Streets, in Tacoma,…