Shandrow v. City of Tacoma

• Decision Date: 07 December 1936
• Docket Number: 26399.
• Citation: 62 P.2d 1090,188 Wash. 389
• Parties: SHANDROW et ux. v. CITY OF TACOMA.
• Court: Washington Supreme Court

62 P.2d 1090

188 Wash. 389

SHANDROW et ux. v. CITY OF TACOMA.

No. 26399.

Supreme Court of Washington

December 7, 1936

Department 1.

Appeal from Superior Court, Pierce County; F. G. Remann, Judge.

Action by George A. Shandrow and wife against the City of Tacoma and others. Defendants' motion for a nonsuit was granted, and from an order granting plaintiffs' motion for a new trial as to the named defendant and dismissing the action as to the other defendants, the City of Tacoma appeals.

Affirmed.

Howard Carothers and Bartlett Rummell, both of Tacoma, and Roberts &amp Skeel and Frank Hunter, all of Seattle, for appellant.

S. A Gagliardi, of Tacoma, for respondents.

MAIN Justice.

This action was brought to recover damages for personal injuries. The cause came on for trial Before the court and a jury. At the conclusion of the plaintiffs' evidence, the defendant moved for a nonsuit, which was granted. Thereafter the plaintiffs moved for a new trial, which was granted as to the defendant, the City of Tacoma. From the order entered granting the new trial and dismissing the action as to the other defendants, the City appealed.

The facts are these: The injury for which recovery was sought was to the respondent Flossie Shandrow, and occurred February 21 1935, at about 9 o'clock p. m., on a detour adjacent to what is referred to as Collins road. Some years ago the city constructed a water main, from its source of supply, to carry water to the city and its inhabitants, and this water main, for a part of the distance, was placed in Collins road. This road extends east and west, and the respondents own a ranch or farm adjacent thereto on the south side. During the latter part of the year 1934, the old water main having gotten into a bad condition, the city desired to replace it, and early in 1935 this undertaking was entered upon. In order to replace the water main in Collins road, it was necessary to close that road for a distance of approximately half a mile. The west end of the closing was approximately at the west line of the respondents' ranch. With the permission of the respondents, the City constructed a detour a short distance south of the road, which was made of 3 by 4-inch planks, 10 feet long, placed upon stringers. To the east of the detour was a school. The neighborhood was well inhabited. Over the detour, as constructed, there moved all kinds of traffic, including busses, automobiles, and pedestrians. The children from the west passed over the detour, going to and from school.

On the evening of February 21, Mrs. Shandrow and her daughter, about 7 o'clock in the evening, went east over the detour to visit a neighbor who lived about half a mile away. As they returned at about 9 o'clock that evening and just Before they reached the west end of the detour, an automobile entered from that direction, with the lights burning, and, as it approached Mrs. Shandrow and her daughter, the daughter, who was a few feet in advance of her mother, stepped off of the planked road in order that the automobile might pass, and her mother stepped off immediately after her, stepping into what the witnesses say...