Ashley v. City of Aberdeen

Citations

• 46 Wash. 385
• 90 P. 210
• 1907 Wash. LEXIS 622

Syllabus

<p>Municipal Corporations — Defective Sidewalks — Contributory Negligence — Evidence—Sufficiency. There is no evidence of contributory negligence on the part of a pedestrian who fell into an unguarded hole made by the removal of planks in a sidewalk, where there was nothing to contradict her testimony that she was unaware of the condition, the night was dark, and there was no light or guard except a little lumber piled up around the hole, the effect of which would be to cause one to stumble and fall into the hole.</p> <p>Damages — Personal Injuries — Excessive Verdict. A verdict for $1,025 for personal injuries received in a fall into an unguarded hole in a sidewalk, resulting in bruises and the breaking of several ribs, will not be set aside as excessive where there was nothing to indicate passion or prejudice.</p>