Pierce v. City of Spokane
Citations
- 59 Wash. 615
- 110 P. 537
- 1910 Wash. LEXIS 1251
Syllabus
<p>Municipal Corporations — Streets — Negligence — Unguarded Ditch. The negligence of a city in leaving an unprotected ditch in a street, and the contributory negligence of the plaintiff, is for the jury, where it appears that the plaintiff, in order to avoid dangers in a street that was being improved, walked diagonally across an intersecting street to cross vacant lots to her home, and fell into an unguarded ditch of which she had no knowledge,” and that the night was dark and the place unlighted.</p> <p>Municipal Corporations — Actions — Notice oe Claim — Subsequent Results. The requirement of a city charter that claims for personal injuries shall be filed within thirty days and shall state the nature and extent of the injuries and the amount of the claim is for the purpose of giving timely notice, and does not preclude a recovery for additional injurious results that have developed since the claim was filed and were not known or anticipated at the time.</p> <p>Damages — Personal Injuries — Excessive Verdict. A verdict for $8,000 is not excessive where the injury to a pedestrian through a fall into a ditch in a street resulted, in the fracture of a knee cap, rupture of the knee capsule and other injuries, crippling plaintiff for life, and bringing on traumatic neurasthenia.</p>
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- reversing conviction after finding a strike was not harmless error when the juror “actually sits on the panel that convicts the defendant”
- reversing jury verdict because trial court failed to proceed to step three of Batson analysis after being offered a race-neutral reason for the strike
- finding same with the lack of record information as to the racial makeup of the venire
- finding reversible error with the wrongful denial of a peremptory challenge
- “[w]e cannot override the trial court when this Court does not even know the racial makeup of the venire or the jury.” (internal quotation marks omitted
- “[T]he trial judge’s failure to conduct a proper Batson analysis constituted clear error.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Crow
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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