Bowers v. Standard Fuel & Ice Co.

Citations

• 91 Wash. 400
• 157 P. 1094
• 1916 Wash. LEXIS 1077

Syllabus

<p>Municipal Corporations — Use of Streets — Injury to Pedestrians —Ice Wagon — Negligence—Question for Jury. It is for the jury to determine whether an ice deliverer was guilty of negligence in placing a two hundred pound piece of ice in the delivery wagon in such a position that, after delivery of pieces holding it in place, it was liable to shake loose in driving over rough ground, and did so, striking a child in the street.</p> <p>Same — Pedestrian or Trespasser — Question fob Jury. The fact that a child had been a trespasser on the step of an ice wagon does not prevent recovery for injuries received after she had left the wagon and her status as a traveler had been resumed, and such fact is a question for the jury, where the evidence was conflicting.</p> <p>Damages — Personal Injuries — Excessive Verdict. A recovery of $3,000 for injuries sustained by a child eight years of age, struck by a piece of ice falling from an ice wagon, is not excessive, where it appears that two bones of the leg were broken, the flesh badly cut, necessitating many stitches, and five weeks in the hospital, and resulting in an ugly scar and a reduced size of the leg.</p>