Thompson v. City of Bellingham

Citations

• 112 Wash. 583
• 192 P. 952
• 19 A.L.R. 864
• 1920 Wash. LEXIS 771

Syllabus

<p>Municipal Corporations (444, 470)—Streets—Defects—Assump-tion op Risks—Choice of Ways—Instructions. One who is familiar with the locality and knows the danger of turning off a street leading to a bridge on an unguarded railroad trestle assumes the risk where he voluntarily chose that way in an unusual condition of foggy weather, if prudence and care requires him to avoid it by another convenient and safe way.</p> <p>Same (423)—Streets—Duty of City. A city is only required to use reasonable care to keep its streets in a reasonably safe condition for travel.</p> <p>Appeal (460)—Review—Harmless Error—Instructions. Error in instructing as to the duty of the city is harmless where the plaintiff’s contributory negligence was the approximate cause of the accident.</p> <p>Municipal Corporations (437) — Streets — Defects—Unusual Dangers—Barriers. A city is not liable for failure to place barriers where they were forbidden by the public service commission.</p> <p>Appeal (465)—Review—Harmless Error—Instructions. Error cannot be predicated upon the failure to instruct as to contributory negligence where the jury found that issue in favor of the appellant.</p>