Mischke v. City of Seattle

Citations

• 26 Wash. 616
• 67 P. 357
• 1901 Wash. LEXIS 697

Syllabus

<p>MUNICIPAL CORPORATIONS-OBSTRUCTIONS IN SIDEWALKS —' LIABILITY OE CITY EOR PERSONAL INJURIES.</p> <p>Where a city has exclusive control of the management of its streets and sidewalks, including the power of raising money for their construction and repair, a duty arises to the public to keep those thoroughfares in a reasonably safe condition for use in the ordinary modes of travel, and the city is liable for damages to those injured by a neglect to perform such duty.</p> <p>SAME-CONTRIBUTORY NEGLIQENCE-QUESTION EOR JURY.</p> <p>Whether a pedestrian hurrying along a sidewalk, with his mind intent on business, and carrying an umbrella lowered in front of him for protection from wind and rain, is guilty of contributory negligence from the fact that he is injured by falling over an open trap door in the walk which had been authorized by the city for private purposes, is a question for the jury to determine from all the facts in the case,- and not one of law for the court to decide.</p>