Shannon v. City of Tacoma

Citations

• 41 Wash. 220
• 83 P. 186
• 1905 Wash. LEXIS 1094

Syllabus

<p>Municipal Cobpobations — Defective Sidewalk — Contbibutoey Negligence — Evidence. The fact that a person travels on a sidewalk known to he defective when there was another route that might have been taken, may be shown upon the issue of contributory negligence.</p> <p>Appeal — Review—Haemless Ebeoe. Error in allowing answers to immaterial questions is not prejudicial to the appellants when the answers thereto were' unfavorable to the respondent.</p> <p>Same — In an action for injuries received in a fall upon a defective sidewalk, it is harmless error to exclude evidence to the effect that a week after the accident a hole was found in the sidewalk near by a broken piece of board, where it was conceded that there was such a hole in the sidewalk, and that the boards were decayed, the testimony being only cumulative.</p> <p>New Teial — Jueoes—Misconduct. A new trial for misconduct of a juror in want of attention to the testimony should not be granted on conflicting evidence, and where it appears that the juror was not wilfully guilty, or that the parties were mistaken as to his acts.</p> <p>Municipal Coepoeations — Defective Sidewalk — Evidence—Sufficiency. In an action for injuries received in a fall upon a defective sidewalk, a verdict for the defendant is justified where there was little or no evidence that the injury was caused by the defects.</p> <p>New Teial — Newly Discovebed Evidence. A new trial for newly discovered evidence should not be granted where it is only cumulative of admitted facts, and does not go to aid that part of the case which was lacking in sufficiency of proof.</p>