Durham v. City of Spokane

Citations

• 27 Wash. 615
• 68 P. 383
• 1902 Wash. LEXIS 431

Syllabus

<p>MUNICIPAL CORPORATIONS-NEGLIGENCE — DEFECTIVE SIDEWALK-SUFFICIENCY OF COMPLAINT.</p> <p>Where a complaint charges negligence on the part of the city in allowing a sidewalk to continue for a long period o.f time in a dangerous condition, by reason of being old, rotten, full of holes and out of repair, it is not demurrable on the ground of failing to show knowledge on the part of the city of the particular hole into which plaintiff stepped and was injured, when actual knowledge of the unsafe condition of the walk was charged against the city and the particular officer whose duty it was to superintend the streets and sidewalks.</p> <p>SAME-ACTION FOR INJURIES-FILING OF CLAIM — RECOVERY FOR INJURIES SUBSEQUENTLY DEVELOPED.</p> <p>A charter provision requiring claims for injuries to be presented to the city council within thirty days after an accident will not restrict the claimant in an action for damages to the injuries set forth in such claim, where further injuries, naturally and proximately resulting therefrom, have developed subsequent to the expiration of the thirty day period for filing the claim.</p> <p>SAME-RESTRICTIONS AGAINST SUIT — REASONABLENESS.</p> <p>A charter provision restricting actions for damages against a city .to such claims for injuries as shall have been presented within a limited period will be upheld only so far as it is reasonable and tends to the due administration of justice.</p> <p>SAME-PLEADINGS-ADMISSIONS.</p> <p>Where plaintiffs’ complaint alleged that they presented their duly verified claim for damages to the city council on a date named, setting out the claim in full, and the answer admitted that the claim described was filed with the city clerk, but denied each and every other allegation contained in the paragraph, the answer must be held as admitting everything that went to the description of the claim, such as that it was in certain words and figures, duly verified, and presented by plaintiffs on a date named.</p> <p>SAME-PRESE