Apker v. City of Hoquiam

Citations

• 51 Wash. 567
• 99 P. 746
• 1909 Wash. LEXIS 1232

Syllabus

<p>Appeal — Record—Rulings on Pleadings. The supreme court will not review- error on a motion to make the complaint more definite and certain, where the record fails to show that the motion was acted upon.</p> <p>Husband and Wife — Action for Personal Injuries — Parties— Joinder of Wife. Bal. Code, § 4827, authorizes an action by husband and wife to recover for personal injuries sustained by the husband.</p> <p>Municipal Corporations — Torts—Streets — Obstructions — Notice of City — Pleading—Sufficiency. A complaint alleging the existence of obstructions in a street and that the street was dark at night, “of all of which defendant had actual knowledge”, refers both to the obstructions and darkness and sufficiently alleges notice on the part of the city.</p> <p>Same — Constructive Notice. The obstruction of a main street in a city by piles of gravel, for thirty days, imputes notice of its existence to the city.</p> <p>Appeal — Review—Harmless Error — Irrelevant Testimony. In an action for personal injuries to a traveler by team, through a defect in a street, it is ■ error without prejudice that evidence was admitted of injuries received by the other occupants of the carriage, where the court cautioned the jury that it was admitted as a part of what occurred at the time and must not be considered in connection with plaintiff’s injuries.</p> <p>Municipal Corporations — Torts — Streets—Obstructions—Notice — Evidence. In an action for injuries sustained through the obstruction of a street by piles of gravel for thirty days, it is immaterial that gravel deposited was removed from time to time and other gravel deposited in its place, and evidence thereof is properly excluded.</p> <p>Same — Defenses—Plaintiff’s Notice of Obstructions. Contributory negligence is a question for the jury, where it appears that the plaintiff was injured by driving at night upon piles of gravel obstructing a street, and that he drove along the street the same morning and saw or should have seen