Potter v. City of Spokane

Citations

• 63 Wash. 267
• 115 P. 176
• 1911 Wash. LEXIS 1187

Syllabus

<p>Appeal — Review—Pleadings—Amendment to Conform to Proof. A somewhat indefinite complaint for damages to property, by reason of the negligent construction of a fill in a street, will be deemed amended on appeal to conform to proof, admitted without objection, that the injury resulted from defective plans of the city, rather than defective workmanship.</p> <p>Municipal Corporations — Improvements—Injury to Property— Defective Plans. Where property was damaged by the collapse of a fill because of defective plans, the city cannot evade liability by the fact that the work was done by independent contractors.</p>