Stock v. City of Tacoma

Citations

• 53 Wash. 226
• 101 P. 830
• 1909 Wash. LEXIS 1301

Syllabus

<p>Municipal Corporations — Streets—Sidewalk Without Railing— Instructions. In an action against a city for injuries sustained in a fall in the street on. a night which plaintiff had said was “so dark she could not see where she was going,” it is not error to refuse an instruction based on that expression and making plaintiff guilty of contributory negligence as a matter of law if she voluntarily went into a dangerous place under such conditions, where there was other evidence as to the intensity of the darkness making that a question for the jury.</p> <p>Same — Contributory Negligence — Known Danger. Where the city maintains a walk along a bulkhead without guard rail or light, a pedestrian familiar with the conditions is not guilty of contributory negligence as a matter of law in walking thereon upon a dark night when she might have avoided the danger by taking a safer way.</p>