Harris v. Town of Mt. Vernon

Citations

• 41 Wash. 444
• 83 P. 1023
• 1906 Wash. LEXIS 985

Syllabus

<p>Municipal Cobpoeations — Negligence — Defective Sidewalk — Notice — Evidence—Sufficiency. A finding of negligence on the part of a city as to a sidewalk, is sustained where there was evidence to the effect that the walk had long been out of repair, that the particular defect had existed more than a month, and had been called to the attention of the city officers and council prior to the accident.</p> <p>Same — Evidence—Condition in Vicinity — Admissibility. In an action for injuries sustained through a defect in a sidewalk it is competent to prove the general condition of the walk for a reasonable distance on each side of the defect in question.</p> <p>Same — Insteuctions—Geneeal Condition in Vicinity of Accident. In an action for injuries sustained through a defect in a walk, it is proper to instruct that the jury may consider the general condition of the sidewalk in the immediate vicinity.</p> <p>Damages — Fob . Peksonal Injuries — Cause of Physical Condition — Evidence—Question fob Juey. A verdict for $2,500 damages for a fall upon a sidewalk is not shown to be excessive where there was an issue as to whether the accident resulted in curvature of the spine, or whether that was caused by plaintiff’s physical condition; and the question is for the jury, where the only expert testified -that it could have been caused by the accident, and there was testimony to the effect that prior thereto the plaintiff was a strong healthy woman with no symptoms of any ailments that developed immediately thereafter.</p>