Fisher v. City of Anacortes

Citations

• 109 Wash. 191
• 186 P. 271
• 1919 Wash. LEXIS 958

Syllabus

<p>Damages (98)—Pleading—General or Special Damages. In an action for personal injuries, plaintiff cannot be required to set out or specially plead the amount of damages claimed for pain and suffering already endured, and tbe amount that will be sustained in the future, but can recover therefor under the general allegation of damages. ■</p> <p>Municipal Corporations (442)—Defective Sidewalk—Contributory Negligence. The contributory negligence of one who was tripped by the sinking of a plank in a sidewalk is a question for the jury, although plaintiff knew the walk was dangerous, where it was much used by the public and she had no knowledge of the particular defect that caused the fall; the law only requiring due care under the circumstances.</p> <p>Same (435)-—-Defective Sidewalk-—City’s Notice of Defect. Whether a city had notice that a plank in a sidewalk would sink and trip a pedestrian is a question for the jury, where the walk had been down for eleven years, the boards were decayed and loose and the condition had existed for a considerable period of time.</p> <p>Damages (108)—Evidence—Expectancy of Life. Mortuary tables are admissible in an action for personal injuries where plaintiff had not fully recovered thirteen months after the accident and it would seem that her injuries would be permanent.</p> <p>Appeal (449) — Review — Harmless Error — Admission of Evidence. Admission of mortuary tables in an action for personal injuries is harmless error, even if the injuries were not permanent.</p>