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· 2/2/1916

Woodworth v. City of Dayton

Citations

  • 89 Wash. 444
  • 154 P. 790
  • 1916 Wash. LEXIS 703

Syllabus

<p>Municipal Corporations — Streets •— Injury to Traveler — Obstructions — Proximate Cause — Evidence — Sufficiency. Whether the negligence of the city, in leaving a pile of gravel and building stone near the center of a road without lights at night, was the proximate cause of plaintiff’s injuries, when she was thrown from her horse onto the pile, does not rest entirely in speculation or conjecture, and is a question for the jury, where witnesses heard the horse’s feet strike the gravel or stone and plaintiff’s simultaneous outcry, and immediately afterwards found her unconscious on the pile, in such a position as to indicate almost positively that the horse had stumbled on the pile or suddenly turned so as to throw the plaintiff off.</p>

Judges: Parker

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