Hammock v. City of Tacoma

Citations

• 40 Wash. 539
• 82 P. 893
• 1905 Wash. LEXIS 1022

Syllabus

<p>Municipal Corporations — Defective Sidewalk — Claim and Notice of Injury — Definiteness as to Place — Sufficiency. A notice of claim for injuries, Sustained upon a city sidewalk, which describes the place as on the east side of J street between 41st and 42d streets, is a sufficient compliance with a charter requirement that it shall describe the place, although the accident occurred between 41st and 43d streets, there being no 42d street intersecting J street; since there was evident a bona fide effort to comply with the law and no intention to mislead, and a description sufficient to identify the place and enable one to find it.</p> <p>Same — Pleading—Complaint—Mistake as to Date of Presentation of Claim — Amendment Upon Reversal. Where a demurrer to a complaint against a city for personal injuries was interposed on the ground that the notice of claim did not sufficiently identify the place, and was at variance with the complaint, a claim cannot he first made in the supreme court that the notice appears by its date to have been filed one day too late, where the plaintiff claims the date to he a clerical error, and especially where the complaint alleges that it was filed within time.</p>