McKnight v. City of Seattle

Citations

• 39 Wash. 516
• 81 P. 998
• 1905 Wash. LEXIS 893

Syllabus

<p>Jurors—Challenge—Qualifications—Freeholders — Presumptions. It is not error to refuse to sustain a challenge to a juror because he is not a householder, since he is competent, under Laws 1901, p. 32, if he is a freeholder, which qualification will be presumed in aid of the judgment, unless the contrary affirmatively appears.</p> <p>Municipal Corporations—Negligence—Streets—Defect in Sidewalk—Notice—General Want of Repair. In an action for personal injuries sustained through a defective sidewalk, there was sufficient evidence of notice of the defect, where it appeared that the walk had been for a long time in a defective and dangerous condition, that the planks were decayed and liable to break, and that the city had made no effort to repair it, although it may have had no knowledge of the actual break in time to repair it.</p> <p>Appeal-—Review—Instructions—Error Cured. It is not error to refuse a requested instruction that is substantially given in the general charge.</p> <p>Municipal Corporations — Negligence — Streets — Liability for Defects in Walk Not Built by City. A city is liable for personal injuries caused by the defective condition of a si'dewalk in a public street, open to the use of the public, although the walk was built by private parties.</p>