Lorence v. City of Ellensburgh

Citations

• 13 Wash. 341
• 43 P. 20
• 1895 Wash. LEXIS 98

Syllabus

<p>MUNICIPAL CORPORATIONS — NEGLIGENCE — DEFECTIVE STREETS — NOTICE— PERSONAL INJURIES — EXCESSIVE DAMAGES.</p> <p>A city which has exclusive control of its streets with power to raise money to keep them in repair is bound to keep them in a reasonably safe condition for ordinary travel.</p> <p>Whether the acts of a child eight years old, which if done by an adult would constitute contributory negligence, preclude recovery for a personal injury to her, depends upon the intelligence, capacity and judgment which she is shown by the evidence to possess, which capacity must be left to the determination of the jury under proper instructions.</p> <p>The law imputes notice to a municipal corporation of a dangerous defect in a public street from its existence for such a length of time that the city authorities, by the exercise of ordinary vigilance, would have discovered it in time to prevent accident.</p> <p>A verdict for $8,000 for injuries to a girl eight years old is not excessive, where it appears that in consequence thereof a portion of the femur had to be removed, causing a shortening of the right leg from four to six inches; that she was confined to her bed for a period of about eighteen months, during which time she suffered great pain; and that she is destined to suffer more or less pain through life.</p>