Smith v. City of Seattle

Citations

• 33 Wash. 481
• 74 P. 674
• 1903 Wash. LEXIS 544

Syllabus

<p>Municipal Corporations—Streets—Negligence—Constructive Notice op Defect—Other Accidents—Proof of Admitted Pacts. In an action against a city for personal injuries sustained by falling over an obstruction in the sidewalk, it is not reversible error for the plaintiff to show other instances of persons falling over the obstruction to prove constructive notice, although the city admitted notice by stipulation, since proof of admitted facts is not prejudicial error.</p> <p>Same. Such testimony was also admissible as descriptive of the place, and is not objectionable as being in the nature of a surprise to the city.</p> <p>Same—Trap Door in Sidewalk—Evidence as to Other Doors. Where a trap door was maintained in the sidewalk projecting several inches above the level of the walk, evidence that no other trap doors in the city approximated the same height is not prejudicial to the city as such fact was to its credit and not to show other acts of negligence.</p> <p>Same—Contributory Negligence. Such evidence was also admissible upon the issue of plaintiffs contributory negligence, if the city was negligent in maintaining the door in question.</p> <p>Same—Evidence—Sufficiency. Evidence that a trap door projected above the level of the sidewalk from two to four inches, and. was worn very smooth and slippery, raises a question for the jury as to the city’s negligence.</p> <p>Trial—Instructions. An instruction in part correct is properly refused where the assumption made therein that the plaintiff was running at the time of the accident is not warranted by the evidence.</p> <p>Same. It is not error to refuse instructions covered by the general charge.</p> <p>Same—Witnesses—Credibility—Physicians Appointed by the Court. It is not error to refuse to instruct that the jury may take into consideration in determining the credibility and interest of witnesses that they were physicians appointed by the court to make a physical examination, and were not witnesses on behalf of either p