Lindquist v. City of Seattle

Citations

• 67 Wash. 230
• 121 P. 449
• 1912 Wash. LEXIS 1154

Syllabus

<p>Municipal Corporations — Claims—Description oe Injury. A claim against a city “accurately describes” the injury, within the requirements of a city charter, so as to admit proof of a sprained ankle causing permanent injuries, where it alleges that claimant’s leg was fractured and bruised necessitating a surgical operation and that claimant will be disabled many months.</p> <p>Pleadings — Amendments to Conform to Proof — Surprise—Continuance. It is not an abuse of discretion to allow an amendment to conform to proof as to the permanent nature of personal injuries, where the court offered to appoint physicians for a physical examination, with a view to granting a continuance if the examination demonstrated a surprise preventing a fair trial, and defendant failed to avail itself of the offer.</p> <p>Municipal Corporations' — Sidewalks—Contributory Negligence —Question for Jury. Plaintiff, injured by a fall by stepping on a loose plank in a defective sidewalk, is not guilty of contributory negligence, as a matter of law, from the fact that many of the boards were loose and rattled when stepped on, he never having been over the walk before; plaintiff having a right to assume the safety of the walk.</p>