Welch v. Petley

Citations

• 89 Wash. 254
• 154 P. 145

Syllabus

<p>Municipal Corporations — Streets—Improvements—Personal Injuries — -Contributory Negligence- — Evidence—Question for Jury. The contributory negligence of a pedestrian in attempting to use a street which was in process of construction, on a dark night, is for the jury, where it appears that the contractor had but recently taken possession of the street, part of which he occupied, and had removed one of two wide planks constituting a narrow sidewalk elevated above the surface of the ground, without putting up any barrier, lights or warning, that the plaintiff was not aware that the plank had been removed and could not see. on account of the darkness, that there were no barriers to indicate that the street had been closed to travel, and the testimony conflicted as to whether red lights were put up at the nearby street intersection at which plaintiff entered upon the street.</p> <p>Appeal — Review—Discretion—New Trial. Where the cou-rt has exercised its, discretion in refusing a new trial, sought on the alleged subsequent developments as to the condition of the plaintiff in a personal injury case, the saíne will not be disturbed on appeal’except for clear and manifest abuse of discretion.</p>