Hewitt v. City of Seattle

Citations

• 62 Wash. 377
• 113 P. 1084
• 1911 Wash. LEXIS 711

Syllabus

<p>Municipal Coepoeations — Torts—Liability—Streets—Acts oe Oeeicers — Street Superintendent. The duty of a city to keep its streets in repair not being a governmental but a ministerial duty, liability for breach is not limited to defects or obstructions, but the city is liable to a pedestrian negligently run down and injured by its superintendent of streets while driving an automobile in the performance of his duty.</p> <p>Appeal — Review—Harmless Error — Comment on Pacts. Error, if any, in commenting upon evidence relating to the filing of a claim is not prejudicial where there was no issue at the trial in relation thereto and the evidence was undisputed.</p> <p>Same — Admission oe Evidence. Error in admitting plaintiff’s evidence of the declaration of defendant’s agent to prove his agency is cured where the agent was called as a witness by defendant and corroborated the statement by testifying to the same thing.</p>