Chase v. City of Seattle

Citations

• 80 Wash. 61
• 141 P. 180
• 1914 Wash. LEXIS 1254

Syllabus

<p>Municipal Corporations—Defective Streets'—Contributory Negligence. The driver of a team is guilty of contributory negligence, as a matter of law, in making a turn so short that the rear wheel of his wagon fell into an excavation for a sewer, where he had just been over the same route and made the turn in safety, the obstructions were in plain view, it was broad daylight, and that portion of the road was closed to travel.</p> <p>•Same — Negligence of City — Evidence — Sufficiency. Negligence on the part of a city is not shown in allowing obstructions in part of a street that was in the course of repair and not open for travel, where the defects were open and apparent and a way was left open which was reasonably safe.</p> <p>Same—Notice of Defect. Where, in improving a street, earth had been filled around a catch basin to the common level the day before, and it rained on the night preceding the accident, causing the earth to settle, so that the defect had existed but a few hours, the city is not liable for injuries thereby sustained by a traveler, in the absence of actual notice of the defect; since there was no constructive notice.</p>