Keane v. City of Seattle

Citations

• 55 Wash. 622
• 104 P. 819
• 1909 Wash. LEXIS 812

Syllabus

<p>Municipal Corporations — Negligence — Defective Sidewalks — Proximate Cause. Where plaintiffs companion was struck by a bicyclist, causing plaintiff to fall and step into a hole in the SideWalk due to a missing plank, breaking her ankle, the missing plank is the efficient cause of the injury.</p> <p>Damages — Personal Injury — Excessive Verdict. A verdict for $3,000 for a broken ankle is not excessive, where it appears that the plaintiff was thirty-five years old, engaged in domestic service, that she lost several months’ time, spent $320 for doctor’s bills, part of the ankle bone was removed, and there was some evidence that the injury was permanent.</p> <p>Trial — Special Interrogatories — Discretion. The refusal to submit special interrogatories to a jury is discretionary, and error cannot be predicated thereon.</p>