Shaw v. City of Seattle

Citations

• 39 Wash. 590
• 81 P. 1057
• 1905 Wash. LEXIS 905

Syllabus

<p>Municipal Corporations—Negligence—Streets—Fall From Temporary Sidewalk — Contributory Negligence — Evidence — Sufficiency. In an action for personal injuries sustained in a fall, in the night-time, from a temporary unguarded sidewalk, the evidence does not show, as a matter of law, that the plaintiff was guilty of contributory negligence, where she was not aware of the changed and dangerous condition of the street, the night was dark, and no signal lights or guards were provided.</p> <p>Damages—Excessive Verdict—Reduction. A verdict for $8,000 damages for personal injuries sustained in a fall from a temporary sidewalk is excessive, where it appears that the plaintiff; a woman forty-three years of age, engaged in keeping boarders and capable of earning from $60 to $90 per month, received a serious fall, but was able to walk several blocks and do some shopping, that she was confined for six weeks and incurred $250 expense for medical attendance, that the permanent injury principally relied upon was aggravation of Bright’s disease and other ailments previously existing, and there was much evidence of experts indicating that this was not attributable to the fall; and in such case passion or prejudice is established without other evidence, and the verdict should be reduced to $4,000.</p>