City of Seattle v. Shorrock

Citations

• 100 Wash. 234
• 170 P. 590

Syllabus

<p>Appeal—-Preservation op Grounds—Exceptions—Findings. One general exception to the various findings of an action at law tried to the court, is insufficient to raise any question on appeal other than that of the sufficiency of the findings to support the judgment.</p> <p>Municipal Corporations—Streets—Use—Liability-—Estoppel. A permit, vague in its scope, permitting improvement and use of part of a street as a parking strip, and covenanting to save the city harmless from injury resulting from its exercise, does not estop the city, after acquiescence in such use for years, to say that the whole use was not under the permit, but merely from asserting that a wire stretched across it was a nuisance or unlawful obstruction.</p> <p>Same. Where a passerby slipped and fell upon a steep and icy sidewalk, becoming entangled in a wire stretched near the sidewalk to guard the parking strip, a covenant to- indemnify the city for damages resulting from use of the strip did not render the owners liable over to the city, regardless of their own negligence or wrongful act.</p> <p>Same—Streets — Liability oe City and Abutter — Joint Tort Feasors—Contribution—Concurring Causes. Where, in an action for damages for injuries sustained through a fall upon a slippery sidewalk, brought against the abutting owner and the city, the court found that the city was negligent in allowing snow and ice to accumulate, in failing to enforce the city ordinances against abutters in such case, in maintaining a steep walk without cleats, and in failing to properly light the street, a further finding that the maintenance by the abutter of a wire near the sidewalk, upon which plaintiff fell, was the proximate cause of the accident, cannot be construed as a finding that it was the sole proximate cause; but, on the contrary, all the negligent acts must be construed as concurring causes, making the city and abutter in vari delicto and joint tort feasors, as between whom no action for - contribution would lie.