Bell v. City of Spokane

Citations

• 30 Wash. 508
• 71 P. 31
• 1902 Wash. LEXIS 716

Syllabus

<p>MUNICIPAL CORPORATIONS-DEFECTIVE SIDEWALK-ACTION FOR INJURIES -EVIDENCE.</p> <p>The admission, of evidence of the defective condition of a sidewalk after an accident was not prejudicial error, when the evideuce was merely cumulative of testimony describing tbe walk at tbe time of the accident.</p> <p>SAME.</p> <p>Where the question of notice to the city of the defective condition of a sidewalk is contested, testimony showing its condition both before and after the accident is admissible for the purpose of establishing knowledge of the defect on the city’s part.</p> <p>SAME-CLAIM FOE INJURIES-MISTAKE IN DATE-CORRECTION BY PAROL.</p> <p>A claim for damages filed by an injured party with the city council in accordance with the requirements of the city charter is admissible in evidence, though the jurat attached thereto apparently indicates it was sworn to on the day prior to the injury, if it appears by parol testimony that the date was erroneous and that the claim was actually made out- and sworn to after the accident and filed within the period prescribed by the charter for the presentment of such claims.</p> <p>INSTRUCTIONS-CONSTRUCTION AS A WHOLE.</p> <p>A detached portion of an instruction will not be held as erroneous, where its meaning, when taken in connection with tne balance of the instruction, is clearly shown to be unobjectionable.</p> <p>VARIANCE.</p> <p>In an action for injuries caused by a defective sidewalk, there is no variance between the claim filed with the city council and the proofs adduced on the trial, by reason of the fact that plaintiff testified she received the injuries complained of by having her foot caught between two planks, while the claim described the injuries as caused by her feet catching and stumbling over, upon, and against the nails projecting from the planks of the walk, and by reason of said planks having become loose, warped, decayed and shaky, whereby they bent and sank beneath the weight of one stepping upon them.</p>