City of Seattle v. Erickson

Citations

• 99 Wash. 543
• 169 P. 985
• 1918 Wash. LEXIS 664

Syllabus

<p>Evidence—Competency—Legal Conclusions. In an action for personal injuries due to a contractor’s failure to erect guards and i barriers, a question as to whose duty it was to keep the ways open is properly excluded as calling for a legal conclusion.</p> <p>Witnesses—Refreshing Memory—Book Entries. A witness may not refresh his memory from entries in record books kept by others, «• where he had no knowledge of the facts recorded and did not know that the entries were correct.</p> <p>Judgment — Res Judicata — Parties Concluded. In an action against a city and a contractor for personal injuries sustained „ through a defect in a street which the contractor was repairing, ? judgment against the city and exonerating the contractor is res judicata, and estops the city from recovering over against the contractor, notwithstanding the contractor’s agreement to safeguard the street.</p>