City of Seattle v. Great Northern Railway Co.

Citations

• 103 Wash. 294
• 174 P. 4
• 1918 Wash. LEXIS 1249

Syllabus

<p>Indemnity — Personal Injuries — -Contract to Save Harmless— Contributing to Injury — Joint Tort Feasors. A city cannot recover over from a railroad company, bound to save the city harmless from damages caused by the construction of a tunnel, on account of a judgment for personal injuries sustained on a defective sidewalk, alleged to be caused by the construction of the tunnel, if the city contributed to the injury by faulty construction of the sidewalk or by knowingly maintaining a defect in a city street, since either would be an independent act of negligence by the city, making it a joint tort feasor and not entitled to recover from the railroad company (Main, C. J., and Mackintosh, J., dissent).</p>