Hobert v. City of Seattle

Citations

• 32 Wash. 330
• 73 P. 383
• 1903 Wash. LEXIS 424

Syllabus

<p>NEGLIGENCE-DEFECTIVE STREETS-CONTRIBUTORY NEGLIGENCE.</p> <p>In an action for personal injuries received by falling into an unguarded trench in the street, the plaintiff is guilty of contributory negligence as a matter of law, where it appears that she knew the location of the trench', that it was wide and deep, with slippery banks, that she had jumped across it the same afternoon, and was injured in . attempting to re-cross it after dark without the aid of lights.</p> <p>SAME — -SPECIAL VERDICT.</p> <p>In such a case, a special verdict finding the above facts, and that the plaintiff knew it was dangerous to attempt to cross on account of the darkness and slippery banks, is in conflict with and controls a general verdict for the plaintiff, and it is error to refuse the defendant judgment thereon.</p>