Zellers v. City of Bellingham

Citations

• 83 Wash. 601
• 145 P. 613
• 1915 Wash. LEXIS 720

Syllabus

<p>Municipal Corporations — Streets—Construction Work — Injury to Pedestrian — Negligence — Knowledge oe City — Assumption of Risks. A city is not liable for injuries sustained by a pedestrian in stepping across a cable necessarily used by tbe city in street construction work, of wbicb plaintiff bad notice, and wbo was tripped by tbe tightening of tbe cable on starting up tbe donkey engine, unless tbe city or some city agent bad notice, or in tbe exercise of ordinary care, must bave bad notice that tbe plaintiff was about to step over tbe cable at tbe time tbe donkey engine was started; notwithstanding that the street was not closed to traffic, as tbe cable was itself notice of danger of wbicb pedestrians assumed tbe risk when attempting to cross without any notice to the city.</p> <p>Same — Injury to Pedestrians — Negligence—Question for Jury. In such a case, tbe negligence of the city is a question for tbe jury, where plaintiff testified that tbe cable was lying loose upon tbe highway, and was suddenly raised as she was in the act of stepping over it, while the evidence of the defendant was to the effect that the cable was taut, and after watching the work while the cable was in this position, plaintiff attempted to step over it and caught the heel of her shoe on the cable and fell, and the city employees did not see her until she had fallen.</p> <p>Fullerton, J., dissents.</p>