The Washington times. [volume] (Washington [D.C.]) 1902-1939, 1920-10-23
LEGAL POINTS FOR
AUTOMOBILE OWNER
Court Decides Rules of Road
Are Not B hiding on
Pedestrians.

In dealing with a suit for damages
for injuries sustained In an automo-
bile, accident the supreme court Of
Washington recently was confronted
with the argument that pedestrians.
Especially on country roads which
are greatly used by automobiles.
= should follow the rules of the road
governing vehicles, and that their
failure to do so should be regarded
as negligence In fixing upon respon-
sibility for accidents. 1t has always
been taken for granted that the con-
trary was the rule, and this appears
to be among the first cases in which
the question has been presented for
legal adjudication. In refusing to
apply such a rule, the court said.
1T is a matter of common knowl-
edge that a pedestrian on a highway
or on a double track line OF railway
il far better able to look out for his
own safety and protection by so tray
cling as to face all oncoming Yehi-
cles than he would be IL keeping to
the same side of the roadway as We
heular traffic. and being thus at all
times Obliged to keep watch to the
rear. At any rate. in the absence OF
a clear statutory rule applying to pc
destrians, the question is one for the
jury"
The case above referred to also
emphasizes the legal rule that admis-
sions made Immediately after an au-
4 omobile accident-as where one OF
the parties to the accident says that
it was his fault-are not controlling
when the question of liability for the
accident comes before the court Such
admissions may be proved and should
Uss taken into consideration by the
iury. but the effect of the admissions
is to be considered in connection with
All the other evidence in the case.
In a recent case the California
court Of appeals decides that although
the seller Of a car upon the install
ment plan has frequently accepted
payment Of installments after they
we're due and in default, he may at
any time exercise his right to declare
the contract forfeited IL a subsequent
payment is not promptly made as pro-
vided in the installment contract or
course, where q defaulted payemnt is
accepted, this prevents forfeiture
as to that default, but the require
nent of the contract for prompt pay
ment of installments remains in effect
as to future installments. The court
further holds that If the seller gives
due notice Of his decision to forfeit
the contract and retake the car, 1t Is
then too late for the defaulting pur-
chaser to tender payment
In previous articles in this series
attention has been called to the legal
rule that where an employe is injured
in an automobile accident the meas
ure of compensation to which he is
entitled under the workmen's COM
pensation laws requires considera-
ton OF tips received by him In the
course of his work. In other words,
such tips are to be taken as a part
Of his salary in measuring his earn
ipgs. In a recent New York case the
claimant. in the language of the
court who was receiving SIS a week
as compensation from his employer,
also received on an average IS per
week as tips from the customers Of
the latter. The question is whether
such tips should be taken into con-
sideration in fixing the amount of
compensation. He was a truck driver.
1t is admitted that the employer had
no knowledge of these gratuities.
Pullman porters, walters, taxicab
drivers and others receiving tips from
third parties are entitled to have such
bps considered In determining the
amount of their awards for injuries,
providing the employers in such cases
contemplate and intend that their en-
pIoyes shall receive such gratuities.
In such cases the compensation paid
by the employers is correspondingly
less, and they are therefore benefited