Rowe v. City of Ballard

Citations

• 19 Wash. 1
• 52 P. 321
• 1898 Wash. LEXIS 307

Syllabus

<p>MUNICIPAL CORPORATIONS — DEFECTIVE STREETS — CONTRIBUTORY NEGLIGENCE— QUESTION FOR JURY.</p> <p>Whether a woman was chargeable with negligence contributing to injuries received by her in falling into a hole while walking along an unimproved street full of holes and stumps, on a dark night, without lantern or companion, when she might have gone around a longer way home by traveling upon improved sidewalks, was a question for the jury.</p> <p>Whether plaintiff in such a ease knew, or should be held to have known, of the existence of the excavation into which she fell, by reason of her residence at no great distance therefrom, is a question for the jury, when she testifies as to her ignorance thereof.</p> <p>Where a street has been platted as part of a city and used by the public as a highway, the city is liable for injuries received by a passenger thereon who without fault falls into an excavation made by the city in thei street, although the city may have never assumed to improve the street, but has allowed it to remain in its natural condition, aside from excavations made therein for gravel to use elsewhere.</p>