Devenish v. City of Spokane

Citations

• 21 Wash. 77
• 57 P. 340
• 1899 Wash. LEXIS 243

Syllabus

<p>MUNICIPAL CORPORATIONS — DEFECTIVE SIDEWALKS-CONSTRUCTIVE NOTICE-INSTRUCTIONS.</p> <p>In an action against a city for injuries occasioned by a defective sidewalk, the province of the jury as to questions of fact is not invaded by an instruction charging them that, if the sidewalk had been in a dangerous condition “anywhere from one to four months” before the time of the injury, it was not necessary that actual notice to the city be shown, when it appears from the instruction as a whole that it was intended merely to submit to the jury the question of the city’s constructive notice, and not to fix a period of time which would constitute constructive notice.</p>