28 Wash. 580 | Wash. | 1902
The opinion of the court was delivered by
— The appellant brought this action against the resp.ondents to recover for personal injuries. At the close of his testimony the appellant was non-suited on the motion of the respondents, and he appeals from the judgment entered thereon. The facts appearing in the record are substantially these: The respondents are the owners of a certain lot in the city of Seattle, fronting upon a street therein known as “Fifth Avenue Uorth.” Sometime prior to 1890 the city of Seattle caused the street in front of the lot to be graded, raising the level of the street some two and one half or three feet above the level of the bordering property. The city also caused a sidewalk to be constructed along the side of the street adjoining the lots of the respondents, guarding the same with a suitable railing. In 1890 or 1891 the city regraded the street. By this grade the level of the street was raised still higher, — altogether about five feet above the respondents’ lot. A sidewalk was constructed by the city on the level with this grade, and,
The appellant cites and relies for recovery upon the rule of law which holds a landowner responsible for injuries caused by an opening in a street or highway constructed or maintained by him for his own purposes, and which is dangerous because defectively constructed, or is allowed to
ISTor are the respondents liable upon the principle that one is liable for injuries caused by pit-falls or other excavations dangerous to public travel which he suffers to exist unguarded upon his premises so near to the margin of a street or sidewalk that persons in the lawful use of the street or sidewalk are liable to fall therein. The pit-falls and excavations, within the meaning of this rule, are such as the land owner creates or maintains of his own volition and for his own purposes, and not such as may be created by the public authorities in the exercise of their right to grade or otherwise improve the public highways. Against nuisances created in the latter way it is the duty of the public authorities to guard, and their sole duty, in the absence of a statute, or ordinance passed pursuant to
The judgment is affirmed.
Eeavis, C. J., and Hadley, Dunbar, Mount, Anders and White, JJ., concur.