Wagner v. City of Seattle

Citations

• 84 Wash. 275
• 146 P. 621
• 1915 Wash. LEXIS 788

Syllabus

<p>Municipal Corporations — Claims for Damages — Amendment. A claim for personal injuries, filed under a city charter requiring the claim to embrace all items of damage known at the time, cannot be amended at the trial so as to include a known item for the employment of a nurse, not included in the claim as filed.</p> <p>Appeal — Review—Harmless Error — Remission. The erroneous inclusion of a $65 item of damages does not warrant a reversal; since it may be deducted from the amount of the judgment.</p> <p>Municipal Corporations — Claims for Damages — Amendment. Allowing a trial amendment of a claim for damages against a city as to the claimant’s street number, changing the number from 218 to 208, is not prejudicial error, where there was a tona fide attempt to comply with the law and the notice accomplished its purpose of giving the city an opportunity to investigate the claim; the claimant having lived at 208 for six years and being well known to the occupants of No. 218, where proper inquiry would have disclosed claimant’s residence.</p> <p>Appeal — Review—Harmless Error. It is harmless error to allow the amendment of a claim against a city where no evidence was offered to prove the item of damages added by the amendment.</p>