Randall v. City of Hoquiam

Citations

• 30 Wash. 435
• 70 P. 1111
• 1902 Wash. LEXIS 706

Syllabus

<p>NEGLIGENCE-PLEADING-NEGATIVING CONTRIBUTORY NEGLIGENCE.</p> <p>The complaint in an action for negligence is not demurrable for failure to negative contributory negligence on the part of plaintiff, as that is always matter of defense.</p> <p>MUNICIPAL CORPORATIONS-DEFECTIVE STREET-NOTICE TO CITY-ALLEGATIONS OF COMPLAINT.</p> <p>In an action against a city for injuries received on account of a defective street, the complaint sufficiently alleges notice to the city of the defect, when it charges that the condition of the street had existed for considerable time and was well known to the city.</p> <p>SAW-ADMISSION 03? EVIDENCE-HARMLESS ERBOB.</p> <p>In such an action, it was not prejudicial error to permit plaintiff to be asked if he made any search for lights after the injury, to which his answer was that he did not.</p> <p>SAME-EVIDENCE-CONDITION OE STREET PBIOB TO ACCIDENT.</p> <p>Evidence is admissible of the defective condition of a street where an accident occurred, both at the time of the accident and prior thereto, since such evidence raises an implication of notice to the city.</p> <p>SAME.</p> <p>For the same reason, questions to the street commissioner as to the condition of the street are pertinent.</p>