McClammy v. City of Spokane

Citations

• 36 Wash. 339
• 78 P. 912
• 1904 Wash. LEXIS 559

Syllabus

<p>Municipal Corporation» — Streets—Negligencb—Pleadings—¡ Evidence — Variance-—Permit to Repair Walk. In an action for personal injuries sustained in a fall through a trap door in the sidewalk, in which the city is alleged to have granted a permit to repair the sidewalk and trap door, it is not a variance to prove a permit to construct a brick walk at the same place.</p> <p>Same — Liability op City — Negligence op Peivate Contractor. Where a city grants a permit to repair a sidewalk, it is charged with notice of the work and with the duty to see that the work is properly conducted.</p> <p>Same — Defective Sidewalk —- Evidence — Sufficiency — Question for Jury. In an action for personal injuries sustained in a fall through a trap door in a sidewalk, the questions of the negligence of the city, and the contributory negligence of the plaintiff, are for the jury where it appears that the city granted a permit for a new walk in front of a lodging house, that it was necessary to cross the trap door to enter the house, that, while the repairs were in progress, and the trap door appeared as it always had, and there was no harrier, it gave way with plaintiff, she having hut recently crossed it, and having been informed by the man in charge of the work that it was safe; and the fact that the plaintiff could have gained access to the building by a hack stairway, which was old and unsafe, does not alter the case.</p>