Taylor v. City of Spokane

Citations

• 100 Wash. 409
• 171 P. 249
• 2 A.L.R. 1046
• 1918 Wash. LEXIS 762

Syllabus

<p>Municipal Corporations—Streets—Defects—Contributory Negligence—Instructions. In an action for personal injuries sustained upon a defective sidewalk, it is not error in an instruction upon an issue as to contributory negligence to submit to the jury whether the fact of wearing high-heeled shoes was an act contributing to the injury.</p> <p>Appeal—Review—Instructions—Comment on Facts. In an action for personal injuries sustained upon a defective sidewalk, it is not a comment on the evidence nor upon the weight to be given the fact, to instruct that the fact that plaintiff was wearing high-heeled shoes, if she was, is not conclusive that she was guilty of contributory negligence.</p> <p>Municipal Corporations—Streets'—Defects—Contributory Negligence—Question for Jury. In an action for personal injuries sustained upon a defective sidewalk, it is for the jury to say whether plaintiff’s high-heeled shoes contributed to her fall, where the shoes were in evidence and a witness testified that plaintiff made a statement attributing her fall to the high-heeled shoes.</p>