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Weitz v. Wagner

407 P.2d 456, 67 Wash. 2d 300, 1965 Wash. LEXIS 678
Washington Supreme Court·Decided November 4, 1965·No. No. 37601·Published

Opinions

Hunter, J.

— This action arises from injuries sustained by Amelia Weitz, plaintiff (appellant), when she was struck by a car driven by the defendant (respondent), John P. Wagner, in the city of Colfax.

The plaintiff was employed in the courthouse in Colfax. It was her custom to walk home from work. The courthouse is situated on the northeast comer of the intersection of Main and Island Streets. Main Street is the main arterial through the town running north and south; Island Street runs east and west. On the evening of the accident, September 5, 1962, the plaintiff left work shortly after 5 p.m., and crossed Main Street, walking in a westerly direction on the sidewalk on the north side of Island Street. The sidewalk continues for approximately 55 feet from the curbline, after which distance the sidewalk ends and gravel covers the area continuing to the railroad tracks, beyond which the sidewalk again commences. The concrete paving of Island Street also terminates at the end of the stub sidewalk. A narrowed asphalt pavement approximately 21 feet wide then continues west. The north edge of the asphalt is approximately 9 feet south of the north curb-line. The gravel beginning at the end of the sidewalk extends out to the edge of the narrowed asphalt pavement. On the south of the concrete pavement termination of Island Street the curb jogs to the north about 3% feet and then extends west along the south edge of the asphalt pavement. For further illustration of the area, exhibits D and 2 are incorporated herein:

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Weitz v. Wagner, 407 P.2d 456, 67 Wash. 2d 300, 1965 Wash. LEXIS 678 (Wash. 1965).

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