McCarroll v. City of Spokane

Citations

• 34 Wash. 344
• 75 P. 973
• 1904 Wash. LEXIS 356

Syllabus

<p>Municipal Cobpokattons — Actions —■ Demand — Pleadings — Claim: Filed Inconsistent with Complaint. In an action against a city for personal injuries sustained by a pedestrian by a collision with bicycles while plaintiff was walking on a bicycle path, which he was led to believe was a sidewalk, at a place where the city had negligently, as it is alleged in the complaint, failed to provide a sidewalk or any other walk for pedestrians or to give any notice of the nature and use of the path, an objection to any evidence is properly sustained where it appears that the claim required by law to be filed with the city alleged that the plaintiff was run into by bicyclists while walking upon one of the sidewalks of the city, since the same does not state any ground for a recovery and is inconsistent with the complaint, which presents altogether another cause of action.</p>