25 Wash. 439 | Wash. | 1901
The opinion of the court was delivered by
This is an action for personal injuries received by respondent Maggie J. Ziegler from a fall upon the sidewalk of the appellant city. From a judgment -in favor of the respondents the city appeals. The only error assigned is that the evidence was insufficient to justify the submission of the cause to the jury. The evidence tended to show that the sidewalk upon which the respondent fell was old and worn out, full of holes, caused by the decay of the materials of which it was constructed, and in a gen-1 erally unsafe condition for ordinary travel; that on the day preceding the accident a fall of snow occurred, which, owing to the temperature, was wet and slushy; that during the night it froze hard, leaving the walk at the time of the accident in a very slippery condition. It is the contention of the appellant that the efficient and proximate cause of the injury to the respondent was the slippery condition of the walk, and that, under the circumstances shown, it is not liable therefor. While the testimony of the injured respondent herself is not clear as to the cause of the accident, and while it might be inferred from the testimony of other witnesses that the icy condition of the walk was a concurring cause, if not the proximate cause,
The judgment is affirmed.
Keavis, C. J., and Dunbab, Andebs and White, JJ., concur.