Short v. City of Spokane

Citations

• 41 Wash. 257
• 83 P. 183
• 1905 Wash. LEXIS 1099

Syllabus

<p>Appeal and Error — Review—New Trial. Tbe granting of a new trial will not be reversed when tbe ground for granting tbe same does not appear from the record or tbe briefs.</p> <p>Municipal Corporations — Negligence—Streets—Filing Claim. An ordinance requiring claims against a city to be presented to tbe city council within three days, where injuries are alleged to have been caused by tbe existence of snow or ice, does not apply where tbe gist of tbe negligence alleged was a broken plank with no support for tbe broken end, which defect bad existed long prior to tbe injury, and tbe mention of snow and ice in tbe complaint was only incidental, and a condition of tbe accident, and not a primary or essential cause contributory to tbe accident.</p> <p>Same — Instructions—-Notice. It is misleading to instruct tbe jury that a city is liable for only such defects in sidewalks as are apparent or suggested by appearance or disclosed by a test in tbe nature of ordinary use; but tbe jury should be instructed that a city is chargeable with notice of a dangerous opening in a sidewalk if it bad existed such a length of time that tbe city might have discovered it by exercising ordinary care.</p> <p>Same — Degree op Care. In an action for injuries sustained upon a sidewalk affected by snow and ice, it is proper to instruct tbe jury to tbe effect that tbe city’s duty to keep sidewalks in repair may be measured or affected by weather conditions.</p> <p>Same — Damages—Aggravation op Disease. In an action for personal injuries sustained through a defective sidewalk, an instruction is proper which declares that tbe city is chargeable with notice of tbe fact that people of different bodily conditions have a right to travel thereon, and tbe city would be rendered liable for tbe aggravation of disease or bodily defects resulting from injuries caused by tbe city’s negligence.</p> <p>Same — Contributory Negligence. It is proper to instruct that tbe city would be liable for its negligence whi