White v. City of Ballard
White v. City of Ballard
Opinion of the Court
The opinion of the court was delivered by
Plaintiffs (respondents) on the 29th of March, 1896, were driving along A street, in the city of Ballard, on their way from Fremont. Shilshole avenue intersects this street at an angle, and is a continuation of A street. "Where A street enters Shilshole avenue at the turn on the right is a building which obstructs the view down the avenue, so that the driver of a vehicle cannot see before entering the avenue who may he traveling or what vehicles may be on the avenue. From the point of intersection of A street with the avenue there is a distance of fifty-six feet of street, planked sixteen feet wide, and this street sixteen feet wide then terminates at a point where the planking narrows to eight feet in width. On the eight-foot planking teams cannot pass each other. On the left the ground drops off a distance of four feet and four inches, and on the right it drops off a distance of two feet. One must pass a team on this sixteen-foot roadway elevated above the ground within a distance of fifty-six feet. Plaintiffs were driving in a one-horse top buggy. After driving onto- the planking sixteen feet wide, the driver observed several bicycles on the eight-foot planking, and stopped his horse for them to pass.
Appellant complains that certain instructions were not given upon the question of contributory negligence on the
Anders, Dunbar and Gordon, JJ., concur.
Reference
- Full Case Name
- Edward F. White et ux. v. City of Ballard
- Cited By
- 6 cases
- Status
- Published
- Syllabus
- MUNICIPAL CORPORATIONS —NEGLIGENT CONSTRUCTION OP STREETS — CONTRIBUTORY NEGLIGENCE. Whether a city was negligent in the construction of a street is a question for the jury and their verdict will not be disturbed, when the evidence shows that the planking on the driveway of the street narrowed at a certain point from sixteen to eight feet in width, that the street at that place was elevated more than four feet., without a guard rail along the side, and that an ordinarily safe horse, accustomed to bicycles, became frightened at a 'bicycle while upon such portion of the street and bached over che side of the highway into the depression below, injuring one of the occupants of the buggy to which it was attached. Where a horse is accustomed to bicycles and ordinarily under the control of the driver, it is not contributory negligence on his part to neglect to alight from his buggy and hold the horse’s head upon meeting passing bicycles.