Lasityr v. City of Olympia

Citations

• 61 Wash. 651
• 112 P. 752
• 1911 Wash. LEXIS 1137

Syllabus

<p>Appeal — Review—Harmless Error — Pleadings. In an action for personal injuries tried to the court, error in denying a motion for judgment on the pleadings is error without prejudice, where there was a full trial on the merits and no competent evidence rejected or incompetent evidence received by reason of the state of the pleadings.</p> <p>Jury- — Qualifications—Taxpayer. Under Rem. & Bah Code, § 94, requiring a juror to be a. taxpayer of the state of Washington, it is not sufficient to disqualify a juror to show that he was not a taxpayer of the county.</p> <p>Municipal Corporations — Streets—Obstructions—Notice—Contributory Negligence. The contributory negligence of a pedestrian in failing to discover a wire netting about three feet high stretched across a sidewalk, is for the jury, where he fell over the same at night and there was evidence that it could not be seen.</p> <p>Same — Obstructions—Negligence of Abutting Owner — Liability of City — Notice. A city permitting an abutting owner to obstruct a street in the laying of walks is liable for defects created or negligence as if the city itself had been doing the work, and notice to the city of the defects is not necessary.</p> <p>Evidence — Competency — Experiments. Upon an issue as to whether a place was well lighted, where evidence of experiments with a similar light was offered, the determination of the preliminary questions as to whether the conditions were substantially similar is largely discretionary; and the quantity of light given out by an arc light is not so unvarying at all times as to make it an abuse of discretion to exclude evidence thereof.</p> <p>Appeal — Review—Harmless Error — Trial—Misconduct oe Counsel. It may not be prejudicial error, on exception to misstatements of the counsel in argument, to refuse to interfere with the course of the argument and further charge the jury, where the court, on objections made, referred to the written instructions given, wherein the duty of the party was