Brabon v. City of Seattle

Citations

• 29 Wash. 6
• 69 P. 365
• 1902 Wash. LEXIS 546

Syllabus

<p>MUNICIPAL CORPORATIONS •— INJURY TO TRAVELER ON UNGRADED STREET — -LIABILITY OE OITY.</p> <p>A city cannot escape liability for injuries caused by defect's in an unimproved street where the street had been dedicated to the public and used by tbe public for years as a highway, and the city had. so far recognized it as a public street as to change its name by ordinance and to lay a sewer along it.</p> <p>SAME-ACTION FOR NEGLIGENCE-INSTRUCTIONS.</p> <p>In an action against a city to recover for the death of a fireman as the result of the overturning of a hosecart on which he was riding, caused by the cart’s striking the root of a tree projecting into the highway, the court properly refused a requested instruction to the effect that, if the accident occurred because of the negligence of the driver, plaintiffs could not recover, where the evidence did not show that the driver’s negligence was the sole cause of the accident.</p> <p>FELLOW SERVANTS-EMPLOYEES OF CITY FIRE DEPARTMENT.</p> <p>The driver of a hosecart and a fireman, although both in the employ of the city fire department, are not fellow servants.</p>