Kelly v. City of Spokane

Citations

• 83 Wash. 55
• 145 P. 57
• 1914 Wash. LEXIS 1581

Syllabus

<p>Appeal — Review—Harmless Error — Rejection of Evidence. In an action for personal injuries from stepping into a small bole near tbe edge of a sidewalk, it is harmless error to reject a photograph of the hole, where it simply showed a small shadow near the place where all the witnesses located the hole; since the photograph did not contradict any of the witnesses on any material fact, and being of no material aid, did not affect any substantial rights, within Rem. & Bal. Code, § 307, requiring such errors to be disregarded.</p> <p>Evidence — Photographs—Admissibility. The practice of admitting photographs and models is to be encouraged as an aid to the comprehension of physical facts.</p> <p>Municipal Corporations — Streets — Injuries — Defective Sidewalks — Contributory Negligence. A person approaching a railroad crossing intent on that danger and the danger from the sweep of a crossing guard, is not, as a matter of law, guilty of contributory negligence in stepping into a hole at the edge of the sidewalk, about 10 or 12 inches square, as she had a right to assume that the city had performed its duty as to any part of the walk.</p>