Fidelity & Casualty Co. v. City of Seattle

Citations

• 16 Wash. 445
• 47 P. 963
• 1897 Wash. LEXIS 341

Syllabus

<p>NEGLIGENCE — INSTRUCTIONS — MEASURE OP DAMAGES.</p> <p>In an action to recover damages for injuries received through, the breakage of the city’s water pipe as a result of alleged defects therein, an instruction is not misleading which charges the jury that “ if the defects were of such a character as could not have been readily ascertained upon reasonable inspection thereof and were unknown to defendant, then you cannot consider such defects,” as the use of the word “ inspection ” implies more than optical observation, and is usually understood to embrace tests and examination.</p> <p>Where the complaint, in an action for damages for the breakage of glass in a building, alleges that plaintiff was damaged by reason of defendant’s “breaking in and destroying glass in the doors and windows of said building of great value, to wit, of the value of $266.30,” the plaintiff is not entitled to an instruction that the measure of damages should include not only the value of the glass but the expense of replacing it, and putting the building in as good condition as before.</p>