Murray v. City of Seattle

Citations

• 96 Wash. 646
• 165 P. 895

Syllabus

<p>Appeal — Preservation oe Grounds — Record. Where the abstract of the record in stating the ground of a motion for judgment conflicts with the transcript, it must be assumed on appeal that the transcript is correct.</p> <p>Evidence — Judicial Notice — Dates. The court will take judicial notice that the last Sunday in October, 1915, came on the 31st day of the month, and therefore that an accident shown to have occurred on Sunday could not have occurred on October 30th, 1915, as mistakenly alleged and testified to by some of the witnesses.</p> <p>Appeal — Preservation oe Grounds — Objection to Evidence — Sufficiency. An objection that a claim filed against a city was incompetent, irrelevant and immaterial is not sufficiently definite to call attention to the fact that it was not filed within the time required by law; and the same is true of an objection that the claim was “insufficient.”</p> <p>Municipal Corporations — Claims — Sufficiency — Date of Injury. Under Seattle charter, art. 4, § 29, requiring all claims for damages to be filed with the city council within thirty days and to accurately locate and describe the defect that caused the injury, it is not fatal to a claim that it fails to state the exact date upon which the injuries were received, if in fact the claim was filed within the time required and the city was not misled to its prejudice by reason of an incorrect date.</p> <p>Same — Claims — Presentation — Substantial Compliance. Although the charter requirement that claims against a city to be filed within a specified time is mandatory, a substantial compliance with its terms is sufficient.</p> <p>Municipal Corporations — Streets—Obstructions-*-Actions—Defenses — Want of Notice — Negligence of City. In an action against a city for personal injuries, want of actual or constructive notice on the part of the city that its wires had fallen and obstructed a street does not warrant a directed verdict in favor of the city, where there was evidence sustaining