City of Puyallup v. Vergowe

Citations

• 95 Wash. 320
• 163 P. 779

Syllabus

<p>Indemnity — Joint Tort Feasors — Contribution — Defects in Streets. There being no contribution between joint tort feasors, the city cannot recover over from a contractor for personal injuries sustained by a pedestrian, where it appears that the complaint in the action against the city alleged negligence of the city in the general lighting of the streets, evidence was submitted to support the allegation, the court submitted the issue to the jury, which found against the city, and thereby established an independent act of negligence on the part of the city contributing to the cause of the injury.</p> <p>Same — Contracts—Collateral Oral Agreement — Evidence—Sufficiency. Where a contract for a municipal improvement was reduced to writing, a subsequent oral agreement that the city might retain improvement bonds as security for any judgment that might be obtained against it for personal injuries must be proven by testimony that is clear, cogent, and convincing, and this is not done, where the contractor testified that the agreement related to his surety bond, the city defended a personal injury action without making the contractor a party, and did not plead his negligence as a defense to the action.</p> <p>Same — Contract—Construction. A bond of a contractor upon public work agreeing to save the city harmless from all suits by reason of “any failure, neglect, oversight, or incompetence ... relating to the work,” relates only to damages arising from the manner and method of construction; and an obligation to answer to a third person for an independent tort is not within the contract.</p>