Masterson v. Lennon

Citations

• 115 Wash. 305
• 197 P. 38
• 1921 Wash. LEXIS 735

Syllabus

<p>Negligence (9, 12, 39)—Places Abutting on Highway—Excavations—Question fob Juey. In an action against a lot owner for damages sustained by a person nearly blind who fell into a building excavation adjoining a city sidewalk, a nonsuit was properly denied, where the evidence showed he traveled alone about the city for many years by the aid of a cane; that he was familiar with the street, but had not heard of the excavation nor of a pile of lumber on the sidewalk to be used in construction on the adjoining lot; that he struck the lumber pile with his cane, stepped aside to avoid it, and fell into the excavation, which was not guarded by railing or other protection; and that he sustained personal injuries as a result of his fall.</p> <p>Evidence (64)—Matebiality—Remoteness. In an action for damages for injuries caused by falling into an unguarded building excavation, it is proper to refuse to allow the officer charged with issuing building permits to testify whether defendant caused protection to be put around the property and as to whether witness observed .any barricade, where no time was fixed in the inquiry.</p> <p>Negligence (9, 44)—Places Abutting on Highway—Excavations —Contributory Negligence—Instructions. In an action for damages by a partially blind person for injuries received by falling into an unguarded building excavation, it was proper to instruct the jury that the mere fact of total or partial blindness does not debar one from recovery for the negligence of another which is the proximate cause of his injuries, if he himself is exercising ordinary care; but he would be bound to exercise that degree of care that an ordinarily careful and prudent person would have exercised under the circumstances and in a similar condition, and would require such use of his other senses as a reasonably careful and prudent person in his condition would have used.</p> <p>Appeal (464)—Review—Harmless Error—Requested Instructions. The refusal of several requested instructio