Laurie v. City of Ballard

Citations

• 25 Wash. 127
• 64 P. 906
• 1901 Wash. LEXIS 371

Syllabus

<p>MUNICHPAL CORPORATIONS-DEFECTIVE SIDEWALK-ACTION FOE INJURIES -EVIDENCE OF OTHER DEFECTS.</p> <p>In an action to recover for personal injuries caused by the defective condition of a sidewalk, evidence of other 'defects in the same sidewalk of long standing and in close proximity to the defect which was the actual cause of the injury is admissible for the purpose of showing notice to the city of the general defective condition of the street, and as tending to show notice of the particular defect involved.</p> <p>SAME-NEGLIGENCE-CONSTRUCTIVE NOTICE OF DEFECT-QUESTION FOR JURY.</p> <p>The question of whether a city was constructively charged with notice of a defect in a sidewalk, whereby plaintiff was injured, was properly submitted to the jury, when it appeared from the evidence that the defect had existed for a period variously estimated by witnesses at from three to seven days, that the street was a much traveled one by reason of the vicinity of a school building and several churches, and that the walk at the point where the injury occurred was elevated on stringers some ten or twelve inches above the ground, and was used for a crossing for teams, for which purpose tnere had been constructed and in existence for a long time an approach for a wagon driveway.</p>