Pearson v. Willapa Construction Co.

Citations

• 72 Wash. 487
• 130 P. 903
• 1913 Wash. LEXIS 1496

Syllabus

<p>Municipal Corporations — Streets—Negligence in Grading — Liability oe Contractor — Evidence—Sufficiency. In an action by a pedestrian against a contractor doing street grading work, for injuries sustained when crossing a cable used in hauling dirt, a non-suit is properly granted, where it appears that the plaintiff stood near the cable watching the work for about five minutes, and made no inquiry of an employee nearby, hut stepped across and into the bight of the cable while it was lying idle on the ground, without giving any intimation of his intention to cross, there being nothing to show that defendant had any knowledge or intimation of plaintiff’s danger or intention to cross (Fullerton, J., dissenting).</p> <p>Appeal — Review—Harmless Error. The granting of a nonsuit upon erroneous grounds will be sustained if the decision was correct upon any ground.</p>