Normile v. City of Ballard

Citations

• 33 Wash. 369
• 74 P. 566
• 1903 Wash. LEXIS 531

Syllabus

<p>Municipal Corporations—Contracts por Street Improvements—Construction—City Engineer—Liability op City por Negligence op Agent. A contract between a city and two contractors whereby one was to pay the other for the removal of gravel from certain streets a specified sum per yard for “5000 cubic yards, more or less as may be designated by the city engineer,” plainly refers to the amount and not to the location of the gravel, and a complaint for the unskilfulness of the city engineer in measuring said gravel, pursuant to such contract, relates to his official duties and sufficiently states the liability of the city for the negligent act of its agent.</p> <p>Same. A city is liable for the negligence and unskii fulness of its city engineer in estimating the amount of gravel moved by a contractor under a street grading contract, when thereby another contractor was, under the terms of a contract with the city, forced to pay a sum largely in excess of the amount due for such work.</p> <p>Same—Contract op City—Consideration—Liability por Neglect op City .Engineer. Where the city and two separate contractors on street improvements enter into a contract whereby one contractor is to pay the other 20 cents per cubic yard for all gravel placed in a certain street, the amount to be determined by the city engineer, and which contract was made for the purpose of enabling the contractors to complete their contracts, sufficient consideration on the part of the city, making it liable on the contract for the neglect of the. city engineer, is shown by the fact that the value of removing the gravel was 35 cents per yard, 15 cents of which was to be paid by the city, and that thereby the city was relieved from the payment of 20 cents of such charge.</p>