Billings v. City of Snohomish

Citations

• 51 Wash. 135
• 98 P. 107
• 1908 Wash. LEXIS 982

Syllabus

<p>Municipal Corporations — Streets—Defective Sidewalk — Evidence — Sufficiency. A walk is shown to be dangerous where a stringer had entirely rotted away, so that, when a plank was stepped on at one end by plaintiff's companion, the other end raised up and tripped the plaintiff.</p> <p>Same — Constructive Notice of Defect. Constructive notice on the part of a city of a defective sidewalk is sufficiently shown where the walk had been constructed five years, and for some months ends of the boards had rotted away for a foot or more, and decayed on the under side leaving a thin shell, the nails had pulled out, and the boards were so loose that they rattled when walked on.</p> <p>Trial — Misconduct of Counsel. Evidence that a new walk had been laid, since an accident on a defective sidewalk, is not shown to have been deliberately planned to prejudice the jury by a remark of counsel that they expected to ask to have it struck out, where it was brought out incidentally on cross-examination.</p> <p>Appeal — Review—Harmless Error — Evidence. Striking out evidence that a new walk had been laid since an accident on a defective walk, and instructing the jury to disregard it, cures error in its admission.</p> <p>Damages — Personal Injuries — Excessive Verdict. A verdict for $3,500 for a slight abrasion of the knees, sustained in tripping on a defective sidewalk, the same healing at once and causing no subsequent trouble, unless neurasthenia resulted from the shock, for which condition there were other more probable causes, is excessive, and should be reduced to $2,000.</p>