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← 35 Wash. 2d 554 - Beireis v. Leslie

35 Wash. 2d 554 - Beireis v. Leslie’s Empirical Analysis

1950

Citation profile

8
cited by 8 later decisions
1
states following
November 1973
most recently cited

3 federal appellate · 5 state decisions

Relationships

Relies on Silverstein v. Adams · Estill v. Berry · Watson v. Lit Brothers · Weaver v. Pickering · Simonson v. Huff

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 8 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

  1. “(1) That the driver of a vehicle shall yield the right of way, slowing down or stopping if necessary, to a pedestrian crossing the roadway within a crosswalk when the pedestrian is upon the half of the roadway upon which the vehicle is traveling or approaching so closely from the opposite half of the roadway as to be in danger; (2) That no pedestrian shall suddenly leave a curb or other place of safety and walk or run into the path of a vehicle which is so close that it is impossible for the driver to yield. (3) Every driver of a vehicle shall exercise due care to avoid colliding with any pedestrian upon any roadway and shall give warning by sounding the horn when necessary. (4) The driver of a vehicle may overtake and pass another vehicle upon the right only under conditions permitting such movement in safety. tive, and the duty to exercise ordinary care to avoid collisions rests upon both parties. The primary duty, however, rests upon the party not having the right of way.”
    1 later decision quote this exact passage
  2. “Of course, a pedestrian is chargeable with contributory negligence as a matter of law when, without looking, he steps from the curb into the path of an oncoming car either at an intersection or in the middle of the block. And he will not be heard to say he looked and did not see a car that was in plain sight. Silverstein v. Adams, 134 Wash. 430 , 235 Pac. 784 ; Estill v. Berry, 193 Wash. 10 , 74 P. (2d) 482 .”
    1 later decision quote this exact passage
  3. “A marked crosswalk is not a sanctuary into which a pedestrian may rush and thereby be absolved from any negligence.”
    1 later decision quote this exact passage

How this case has been treated — in progress

Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.