The Sidewalk Hole That Cost Seattle $1,000
After two nonsuits and a Supreme Court remand, John McQuillan wins the city's first successful sidewalk-injury suit.
John McQuillan, who was injured March 2, 1889, by falling through a hole in the sidewalk on Jackson Street, has recovered $1,000 in his suit for $5,000 damages. The jury returned the verdict at 5:10 Tuesday evening, and the result was announced in Judge Osborn's court at 9:30 yesterday morning. McQuillan has had a hard fight, having twice been nonsuited; his case was once remanded by the Supreme Court.
The McQuillan jury for a time stood ten for $3,000 and two for a verdict for the city. A compromise was effected by fixing the damages at $1,000.
The case of John McQuillan vs. the City of Seattle occupied the time of Judge Osborn yesterday. The jury retired about 4 o'clock and returned a verdict, some time after midnight, against the city. Through his attorney, Mr. Byers, of the law firm Byers & Byers, McQuillan had been trying to force the city to pay. There have been two trials in the Supreme Court, and this was the third trial in the Superior Court. It was nonsuited at the first trial, but the Supreme Court reversed the ruling. Mr. Byers, in the face of repeated defeats and in spite of the law's delays, succeeded in winning a victory. This being the first successful suit against the city.
“This being the first successful suit against the city.”
Seattle still fields claims for broken sidewalks and potholes, and the legal question of when the city must pay is as live as ever. McQuillan's small victory was an early crack in the doctrine that municipal negligence had no price.
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