MacDermid v. City of Seattle

Citations

• 93 Wash. 167
• 160 P. 290
• 1916 Wash. LEXIS 1163

Syllabus

<p>Municipal Corporations — Streets — Defective Sidewalks —Notice. In an action for injuries sustained by stepping upon a loose plank in a sidewalk, evidence that notice of the defect had been given to a person in charge of a nearby municipal bath plant, under the board of park commissioners, is inadmissible to show notice to the city, where the streets were in charge of the board of public works.</p> <p>Same — Streets—Defective Sidewalks —Actions — Contributory Negligence — Instructions. In an action for personal injuries sustained by stepping upon a loose plank in a sidewalk, in which the city pleaded contrihutory negligence, the same becomes an issue from the evidence of the plaintiff in detailing the circumstances, and properly the subject of an instruction to the jury.</p> <p>Trial — Instructions—Assumption of Pacts. In an action for personal injuries sustained by stepping on a loose plank in a sidewalk, an instruction “if you think the plaintiff was negligent herself” etc. is not an assumption by the court, but a submission of the fact to the jury.</p> <p>Same — Streets — Actions — Degree of Care — Instructions. In such an action, an instruction that remote localities in a suburb do not require the same degree of care as where travel is frequent is not prejudicial, when taken in connection with proper instructions as to the care imposed by law in maintaining streets in proportion to the danger to be apprehended in view of the circumstances and surroundings.</p> <p>Trial — Reception of Evidence — Offer of Proof. It is not error to refuse to exclude the jury while appellant was making an offer of proof, upon a favorable fact, even though followed by an admonition to disregard it.</p>