Larsen v. City of Sedro-Woolley

Citations

• 49 Wash. 134
• 94 P. 938
• 1908 Wash. LEXIS 539

Syllabus

<p>Municipal Corporations — Negligence—Streets—Obstructions— Evidence — Sufficiency. The evidence is sufficient to raise a question of fact for the jury as to the dangerous condition of a street, where it appears that the street and sidewalk were much obstructed by lumber from a mill on tbe abutting property and had been in that general condition for two years.</p> <p>Same — Constructive Notice. Obstruction of a sidewalk with lumber in a general way for two years is sufficient constructive notice to tbe city of the dangerous condition of tbe street.</p> <p>Same — Contributory Negligence — Walking on Parking Strip. The contributory negligence of one who trips over lumber, on the parking strip of a street, while going around a pile of lumber on the sidewalk, is a question for the jury, where the lumber prevented passage over the sidewalk; since the parking strip is part of the street and is to be kept reasonably safe.</p> <p>Evidence — Admissions—Effort to Compromise. Evidence is inadmissible of a conversation with the mayor of a town relating to an effort to compromise the plaintiff’s suit against the town.</p> <p>Witnesses — Redirect Examination. It is not error to receive evidence concerning the amount of travel upon a street subsequent to the accident, upon redirect examination of the plaintiff as to matters opened up on cross-examination.</p> <p>Municipal Corporations — Streets—Notice of Defect — Evidence —Admissibility. In an action for personal injuries sustained by reason of obstruction of a sidewalk that bad continued for two years, it is admissible to. show actual notice to the city by evidence of complaints made during such period.</p> <p>Damages — Physical Condition Prior to Injury' — Evidence—Remoteness. In an action for personal injuries, evidence of statements made four years prior to the accident as to the hysterical and nervous condition of the plaintiff is inadmissible, the same being too remote.</p> <p>Witnesses — Impeachment — Foundation. Evidence