Giuricevic v. City of Tacoma

Citations

• 57 Wash. 329
• 106 P. 908
• 1910 Wash. LEXIS 752

Syllabus

<p>Municipal Corporations — Actions — Claims for Injuries— Pleading. A complaint in an action against a city for personal injuries fails to state that the claim required by charter provisions was filed with the city council, as against a demurrer, where it merely alleges that the plaintiff caused the city and its officers and agents to be fully informed of the time, place, cause, etc., of the injury.</p> <p>Same — Notice of Claim — Defects in Street — Fall of Pole. A charter provision requiring claims to be filed with the city council for injuries to the person caused by defects, want of repair, or obstructions in streets, does not apply to a claim against a city for negligently allowing an electric light pole to fall upon a servant of the city grading a street, as the provisions must be strictly construed, and not extended beyond its terms.</p> <p>Same — Notice of Claim — Injuries to Servant of City — Safe Place to Work. A charter provision requiring notice of claims to he filed with the city council for injuries to the person caused by defects, want of repair, or obstructions in streets, has no application to injuries to a servant of the city injured by reason of the city’s failure to furnish a safe place to work; as the city is presumed to have notice of injury to its servants, and the purpose of the provision is to give notice of spurious claims.</p>