Beall v. City of Seattle

Citations

• 28 Wash. 593
• 61 L.R.A. 583
• 69 P. 12
• 1902 Wash. LEXIS 523

Syllabus

<p>MUNICIPAL CORPORATIONS-CONSTRUCTION AND USE OF SIDEWALK BASEMENT-NOTICE TO CITY.</p> <p>Where a permit for the alteration of the basement of a building and the construction of a stairway under the sidewalk was granted by the proper city official, whose duty it was not only to grant such permits, but inspect the work in progress, and such official was informed of the intent of the owner of the building to use the space underneath the sidewalk for the construction and operation of a heating plant, which was located at that place without compliance with the ordinance regulating the use of spaces under sidewalks adjoining buildings, a question is presented for the jury as to whether the city had actual notice of such unlawful use of the sidewalk, or had notice sufficient to put it upon inquiry.</p> <p>SAME-EXPLOSION UNDER SIDEWALK-LIABILITY OF CITY.</p> <p>Where a traveler upon a highway is injured as the result of the explosion of an unseen instrument within the area of the street over which a city has control, a prima facie case of negligence is established against the city, regardless of whether contractual relations exist between the city and the person injured.</p>