Smith v. City of Tacoma

Citations

• 51 Wash. 101
• 98 P. 91
• 1908 Wash. LEXIS 975

Syllabus

<p>Municipal Corporations — Streets—Pleading—Description oe Detect — Variance—Proof of Incidental Matter. In an action for injuries sustained in a fall upon a sidewalk, alleged to have been occasioned by the maintenance on an incline of a smooth iron cover for a coal hole, without any protecting slugs, whereon the plaintiff slipped and fell, evidence that a projecting handle of the door caught plaintiff’s foot as he slipped and fell is not a variance, and is admissible as an explanatory detail without previous allegation as to the door knob.</p> <p>Same — Cover Over Coal Hole — Negligence—Notice—Questions tor Jury. In an action for injuries sustained by a fall upon a slippery iron cover of a coal hole, maintained on an inclined sidewalk, evidence that the cover was worn smooth and slippery and had been in use several years is sufficient to make a question for the jury as to the negligence of the city and constructive notice of the defect, although rain at the time appears to have been an element.'</p>