Hub Clothing Co. v. City of Seattle

Citations

• 117 Wash. 251
• 201 P. 6
• 1921 Wash. LEXIS 1041

Syllabus

<p>Municipal Corporations (473, 479) — Torts—Defect in Water Meter — Actions—Instructions—Burden of Proof. In an action for damages for injuries resulting from the bursting of a water meter installed by defendant, it was error to refuse a requested instruction that, when plaintiff has shown a situation which could not have taken place except by the operation of abnormal causes, then the onus rests upon the defendant to prove that the injury was caused without his fault.</p> <p>Same (479) — Actions—Instructions—Duty of Inspection. The refusal of the court, in instructing the jury as to the city’s duty with respect to the inspection of its water meters, to define “reasonable inspection” as not confined to optical observation but as embracing tests and examinations, constituted error.</p> <p>Same (313) — Ordinances—Public Health — Basement Drains —Reasonableness—Police Power. The ordinance of the city of Seattle relating to drainage of basements (No. 22,839 as amended by No. 36,792) is a proper exercise of the police power.</p> <p>Same (405) — Torts—Liability to Violator of Ordinance — Effect of Nonenforcement. The failure of a city to prosecute one for noncompliance with the terms of an ordinance relating to drainage of basements would not impose liability on the city for injury resulting from its nonenforcement,</p>