White v. City of Ballard

Citations

• 19 Wash. 284
• 53 P. 159
• 1898 Wash. LEXIS 363

Syllabus

<p>MUNICIPAL CORPORATIONS —NEGLIGENT CONSTRUCTION OP STREETS — CONTRIBUTORY NEGLIGENCE.</p> <p>Whether a city was negligent in the construction of a street is a question for the jury and their verdict will not be disturbed, when the evidence shows that the planking on the driveway of the street narrowed at a certain point from sixteen to eight feet in width, that the street at that place was elevated more than four feet., without a guard rail along the side, and that an ordinarily safe horse, accustomed to bicycles, became frightened at a 'bicycle while upon such portion of the street and bached over che side of the highway into the depression below, injuring one of the occupants of the buggy to which it was attached.</p> <p>Where a horse is accustomed to bicycles and ordinarily under the control of the driver, it is not contributory negligence on his part to neglect to alight from his buggy and hold the horse’s head upon meeting passing bicycles.</p>