Taake v. City of Seattle

Citations

• 16 Wash. 90
• 47 P. 220
• 1896 Wash. LEXIS 15

Syllabus

<p>APPEAL—DISMISSAL AS TO ONE RESPONDENT—EFFECT—UNAUTHORIZED STREET—LIABILITY OF CITY FOR DEFECTS IN.</p> <p>The fact that a joint judgment has been rendered for defendants in an action against a city and a railway company to recover for injuries received through their negligence in maintaining a defective street, and that on appeal therefrom by the plaintiff but one appeal bond to both defendants as joint obligees has been given, will not preclude appellant from subsequently dismissing as to one respondent and maintaining his appeal as to the other.</p> <p>Although a city may have no right to lay out a street over tide lands belonging to the state, yet where a street has been laid out over such land, used by the city as a highway and the public invited to use it as such, it becomes the duty of the city to maintain it in proper repair, and to protect the life and limb of those so invited to travel upon it.</p>