Gallamore v. City of Olympia

Citations

• 34 Wash. 379
• 75 P. 978
• 1904 Wash. LEXIS 362

Syllabus

<p>Municipal Corporations — Streets—Negligence—Complaint— Character of Place. A complaint for personal injuries sustained through a defect in a sidewalk, which alleges that the same was “constructed, maintained and supervised” by the city in a certain street is sufficient against demurrer whether the sidewalk was in a public street or not; also, because the presumption that all streets are public streets could only be overcome by answer.</p> <p>Same — Location of Sidewalk in Street. An allegation that the sidewalk was on the “north side” of a certain street and that the street was in the city, sufficiently shows that the sidewalk was within the city limits.</p> <p>Same — Proofs Admitted Without Objection. Where proofs admitted without objection showed the sidewalk to be within the city limits, failure to allege the fact is not fatal.</p> <p>Same — Constructive Notice of Defect. In an action for personal injuries through defects in a sidewalk, it is a sufficient allegation of the city’s notice of the defect to allege facts from which notice to the city could be inferred.</p> <p>Same — Demand Before Suit — Claim for Personal Injuries. The general statute requiring demands against a city to be filed before suit does not apply to claims for damages for personal injuries.</p> <p>Appeal — 'Review—Exception to Instructions — Sufficiency. A general exception to an entire instruction, “and to each and every part thereof” is insufficient if the charge contains several distinct propositions, any one of which is correctly stated.</p> <p>Pleadings — Trial Amendment to Include Damages for Pain and Suffering. In an action for personal injuries where evidence of plaintiff’s pain and suffering was received without objection, under a complaint detailing all the items of damage without any special demand for such damages, the complaint will, upon appeal, be deemed to have been amended at the trial, as that could have been done as of course.</p> <p>Damages — Prospective Suffering and L