Noll v. City of Seattle

Citations

• 29 Wash. 28
• 69 P. 382
• 1902 Wash. LEXIS 549

Syllabus

<p>MUNICIPAL CORPORATIONS-EXCAVATIONS IN STREETS-NOTICE TO CITY.</p> <p>In an action against a city to recover damages for injuries received from falling into an excavation in a public street, the defendant' is not entitled to a non-suit on the ground of want of notice of the unguarded condition of the excavation, when the evidence shows defendant gave permission that excavation be made, that it was in a much-traveled street, and that it remained uncovered and unguarded for several days just preceding the accident.</p> <p>SAME-INJURIES TO PEDESTRIAN-CONTRIBUTORY NEGLIGENCE.</p> <p>The question of plaintiffs contributory negligence in falling into an excavation in a public street was one for the jury, where the evidence showed that he had engaged in a brawl some two blocks from the excavation, and, in running away from the persons with whom he had the encounter, had run into the front and out of the rear door of a saloon, through an alley onto the street and into the excavation, since the manner of his getting onto the street and his rate of speed were fact's proper for the consideration of the jury.</p>