Watson v. Webb

Citations

• 28 Wash. 580
• 68 P. 1044
• 1902 Wash. LEXIS 520

Syllabus

<p>NEGLIGENCE-ELEVATION OE SIDEWALK ABOVE ADJOINING LOT-ABSENCE OE GUARD RAIL- — LIABILITY OE LAND OWNER.</p> <p>' Tbe fact that an opening had been allowed to remain in the fence or guard rail between the sidewalk and defendants’ lot, which was below the grade of the street, and that this opening had been used at one time by tenants of defendants, would not render defendants liable for injuries received by plaintiff in stepping off the walk at that point, when it does not appear that the opening was made by the owner, nor was in use for ingress and egress at the time of the accident, nor that the premises had been leased for such, a use, nor that the opening was in a more dangerous condition by reason of having been once used as a passage way.</p> <p>SAME-DUTY TO MAINTAIN BARRIERS.</p> <p>Where the public authorities elevate a street and sidewalk above the level of abutting lands, the abutting owner is under no obligation to erect or maintain barriers between such highway and his land to prevent travelers from falling therefrom onto his lands; nor liable for injuries received from such a fall by reason of the absence or faulty construction of barriers.</p>