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40 Wash. 2d 924

Foster v. Nelson

Washington Supreme Court

Decided March 13, 1952

Washington Supreme Court · decided 1952-03-13

Decided 1952-03-13

Per Curiam.

¶1The appellant (plaintiff below) brought this action for damages to his automobile resulting from a collision with respondents’ automobile in a controlled intersection in the city of Seattle.

¶2The respondents counterclaimed for their damages. Each party claimed he had entered the intersection on the green light,, and that the other had entered on the red.

¶3The trial court could not tell which side to believe, and found that neither party had produced a preponderance of the evidence. Accordingly, the trial court dismissed both the complaint and the cross-complaint.

¶4No reason appears in the record why the trial court’s findings, as to the credibility of the witnesses, should be disturbed.

¶5The judgment is affirmed.

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