Carlson v. City of Wenatchee, 35228
| Decision Date | 24 March 1960 |
| Docket Number | No. 35228,35228 |
| Citation | 350 P.2d 457,56 Wn.2d 932 |
| Court | Washington Supreme Court |
| Parties | Elaine CARLSON, Respondent, v. CITY OF WENATCHEE, a municipal corporation, Appellant. |
Sam R. Sumner, Sr., Sam R. Sumner, Jr., Wenatchee, for appellant.
Robert E. Conner, Wenatchee, for respondent.
January 15, 1958, at approximately 1:15 p. m., Elaine Carlson was walking in a pedestrian lane along Columbia street in the city of Wenatchee. Upon arriving at the intersection of Columbia street and Orondo avenue, she turned to her right to proceed on the Orondo avenue sidewalk. As she was turning the corner, she struck a traffic signal control box, fell to the sidewalk, and was injured. The control box was attached to a power pole adjacent to the sidewalk, at a height of approximately five feet above the sidewalk. Approximately six inches of the box extended over the sidewalk. The corner in question is shown below.
Elaine Carlson timely filed a claim for her damages with the city of Wenatchee, alleging '* * * that the box was negligently maintained by the city and negligently placed there with disregard for the rights and safety of passersby and that further the placement and maintenance of said box constituted a nuisance and obstruction; * * *'
The claim was disallowed. She then instituted this action against the city, alleging that the city had constructed and maintained an unlawful nuisance. The allegation of her amended complaint in this respect is as follows:
'* * * that the placement and maintenance of said box in the above place and manner constituted an obstruction to pedestrian traffic on the Orondo Street sidewalk and the area on Columbia Street and as such constituted an unlawful nuisance; * * *'
The city's answer denied that the condition created by the placement of the traffic control box constituted a nuisance, and affirmatively alleged that traffic regulation was an authorized governmental function.
The cause proceeded to trial before a jury. At the close of the evidence, the defendant city moved for dismissal. The motion was denied. The jury returned a verdict for the plaintiff and, from the judgment entered thereon, the defendant city of Wenatchee has appealed.
The appellant contends that the court erred in failing to dismiss at the close of the evidence. We agree with this contention. The respondent had the burden of proving that 'the placement and maintenance of said box * * * constituted an unlawful nuisance.' (Italics ours.) The respondent's only evidence with reference to the placement of the traffic control box was that of the city engineer. He testified, inter alia, that the unit, consisting of a traffic control box, switch box, and electric meter, was installed under his direction and supervision. He further stated that the unit was installed for the purpose of traffic regulation and safety, and that it was a necessary part of the installation of the traffic control signal light at that intersection. He further testified: 'This is a typical installation, standard, as we call it.'
In addition to this testimony, counsel for appellant and for respondent stipulated as follows:
With reference to the placement and maintenance of the box in question, respondent's evidence established (1) that the...
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§ 19.2 - Private Nuisance
...been liberally construed to protect activities undertaken pursuant to general statutory authorization. In Carlson v. City of Wenatchee, 56 Wn.2d 932, 350 P.2d 457, amended, 355 P.2d 823 (1960), the court held that the placement of a traffic signal control box, which had fallen on a sidewalk......
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Table of Cases
...Capitol Hill Methodist Church of Seattle v. City of Seattle, 52 Wn.2d 359, 324 P.2d 1113 (1958): 3.12(2)(b) Carlson v. City of Wenatchee, 56 Wn.2d 932, 350 P.2d 457, amended, 355 P.2d 823 (1960): 19.2(4) Carlson v. Town of Beaux Arts Vill., 41 Wn. App. 402, 704 P.2d 663 (1985), review denie......
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Miotke v. City of Spokane: Nuisance or Inverse Condemnation-theories for Government Environmental Liability
...engage in such activities prevented a proposed highway from being held a nuisance); Carlson v. City of Wenatchee, 56 Wash. 2d 932, 935-36, 350 P.2d 457, 460 (1960) (general statutory authority of a municipality to place and maintain traffic devices prevented a finding that a particular traf......