Ehrhardt v. City of Seattle

Citations

• 33 Wash. 664
• 74 P. 827
• 1903 Wash. LEXIS 568

Syllabus

<p>Municipal Coepobations—Chabtee—Amendments—Clekical Ebboe in Notice. An amendment to a section of a city charter relating to the filing of claims against the city is not invalidated by a clerical error in referring to the same as § 29, art. 8, in the resolution and notice submitting the same to a vote of the people, when it clearly appears from the section set out in full that § 29, art. 4, was intended.</p> <p>Same—Submission of Amendments—Resolution of City Council—Legislative Act. A city council may submit amendments to the city charter to a vote of the people by a resolution, when the charter provision relating thereto simply provides that the amendments shall be “proposed” in the city council, since such resolution is temporary and ministerial in its nature, and is not a legislative act within the requirement of the charter that all legislative acts shall be by ordinance.</p> <p>Municipal Corporations—Actions—Presenting Claims—Excuse for Failure to Present in Time. Where a claim was presented on the 31st day after the injury, a sufficient excuse for failure to present the claim within 30 days, as required by the charter, is shown by an allegation in the complaint that plaintiff was disabled by the injury from attending to any business for more than thirty days and that he presented the claim as soon as he was able to determine the extent of his injuries; and sustaining a demurrer to such a complaint is error, since plaintiff’s incapacity is a question of fact for the jury.</p>