Opinion
Argued October 13, 1960
Affirmed October 19, 1960 Petition for rehearing denied November 15, 1960
Appeal from Circuit Court, Polk County.
FRED McHENRY, Judge.
Allan G. Carson, Salem, argued the cause for appellant. On the brief were Carson Carson, Salem.
Edward L. Clark, Jr., Salem, argued the cause for respondent. With him on the brief were Steve Anderson and Malcolm F. Marsh, Salem.
Before McALLISTER, Chief Justice, WARNER, SLOAN, O'CONNELL and HOWELL, Justices.
AFFIRMED.
This is an action to recover damages for personal injuries sustained by plaintiff when she was struck by an automobile driven by the defendant. The jury returned a verdict for plaintiff and defendant appeals.
The accident occurred on October 12, 1957, at about 6:10 o'clock p.m. The plaintiff was crossing Edgewater street in Salem from south to north, walking in a marked crosswalk, when she was struck by an automobile driven by defendant in a westerly direction on said street. The evening was dark, rain was falling and there was some wind. Plaintiff was carrying an umbrella.
Plaintiff testified that before starting to cross the street she looked to her left and saw that no cars were coming from that direction. She then looked to the right and saw the headlights of a westbound car at least two blocks away. She said "I thought I had plenty of time to get across the street." Plaintiff then proceeded to cross the street without again looking to either her right or left. Plaintiff was on the north half of the street in the lane for westbound vehicles when she was struck by defendant's car.
Defendant contends that plaintiff was negligent as a matter of law because she did not, after her initial observation, again look to her right or left as she crossed the street. Whether plaintiff was negligent in failing to keep a better lookout for approaching vehicles was a question for the jury. Yates v. Stading, 219 Or. 464, 347 P.2d 839; Barnes v. Winkler, 216 Or. 130, 337 P.2d 816; Lynch v. Clark et al., 183 Or. 431, 194 P.2d 416; Martin v. Harrison, 182 Or. 121, 180 P.2d 119, 186 P.2d 534; Dixon v. Raven Dairy, 158 Or. 186, 75 P.2d 347; Keys v. Griffith, 153 Or. 190, 55 P.2d 15; and Hecker v. Union Cab Co., 134 Or. 385, 293 P. 726.
Affirmed.