Randall v. City of Hoquiam

• Decision Date: 16 December 1902
• Citation: 70 P. 1111,30 Wash. 435
• Parties: RANDALL v. CITY OF HOQUIAM.
• Court: Washington Supreme Court

70 P. 1111

30 Wash. 435

RANDALL v. CITY OF HOQUIAM.

Supreme Court of Washington

December 16, 1902

Appeal from superior court, Chehalis county; Mason Irwin, Judge.

Action by James Randall against the city of Hoquiam. From a judgment for plaintiff, defendant appeals. Affirmed.

F. L Morgan (Sidney Moor Heath, of counsel), for appellant.

W. H Abel, for respondent.

REAVIS C.J.

Action for personal injuries. The material allegations of the complaint are:

'That at all the times herein mentioned Eighth street has been, and still is, one of the public streets and thoroughfares situate within the said city of Hoquiam, and generally used by the public as such street, and at all said times it was and is the duty of the said defendant to keep said Eighth street in good repair and in a reasonably safe condition for travel.

'That on or about November 5, 1901, that part of Eighth street commencing at the railroad track near the public bridge crossing the Hoquiam river, and extending westerly for a distance of one block, was in an unsafe, defective, and dangerous condition, in this, to wit: that at said time the northerly side of said street immediately edging the sidewalk extending along the north side of said street had the planking of said street removed, and a large ditch or excavation, several feet in depth, extended along the north side of said street, adjoining said sidewalk. That said condition had existed for a considerable period of time prior to said date, and said condition was well known to the defendant, its officers and agents. That said ditch or excavation at said time and prior thereto had been by the said city left exposed, unfenced, and unlighted, so that at night any person desiring to cross the said Eighth street was necessarily in great danger of falling into said excavation or ditch and receiving injuries thereby.

'That on or about the said 5th day of November, 1901, in the nighttime of said day, the plaintiff desiring to cross said Eighth street, from the north side thereof in said block, and being wholly unaware of the unsafe, defective, and dangerous condition thereof, and having no knowledge nor notice thereof, nor of said excavation or ditch, and said excavation or ditch being then and there unfenced and unprotected in any way, and there being then and there no light nor any warning whatsoever whereby to warn the public of the existence of said excavation or ditch, and plaintiff being wholly unaware of danger, without fault or negligence on his part, in crossing said street about the middle of said block, was precipitated into said hole, and stumbled and fell therein, so that he then and there received serious bodily injuries.'

Upon trial a verdict was returned in favor...