A Night Fall Into a Seattle Ditch—and the Supreme Court's Hard Answer
Allie Hobert knew the ditch was there. The state Supreme Court ruled that knowledge barred her $1,750 claim against the city.
The story, cleaned up
A cleaned-up reading of the newspaper page: spelling and layout repaired, one story lifted off a crowded page. It follows the original closely but it is not a transcription. The original page is below; read it if a detail matters.
Olympia.—The supreme court has reversed the superior court of King county in the case of Allie Hobert, respondent, vs. the City of Seattle, appellant. Mrs. Hobert secured a judgment for $1,750 against the city for injuries received by falling into a deep ditch at the corner of Twenty-fourth avenue and East Howell street, which she was attempting to cross during the night. Special findings of fact made by the jury, along with the general verdict, showed that Mrs. Hobert and her son had crossed the ditch during the daytime and were fully aware of its location, extent and the danger of crossing it. This the supreme court holds was evidence of contributory negligence which should not have entitled the respondent to recover damages, even though the city had failed to place danger lights on the ditch. The case is remanded with instructions to enter judgment for the city.
“This the supreme court holds was evidence of contributory negligence which should not have entitled the respondent to recover damages, even though the city had failed to place danger lights on the ditch.”
Cities still argue contributory negligence when someone trips on a known sidewalk defect, and the cost of unsafe streets still falls somewhere between the injured pedestrian and the public purse. The Supreme Court's 1908 ruling let Seattle off the hook because Mrs. Hobert already knew about the ditch—a reminder that liability often turns on what the victim knew, not just what the city failed to fix.
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