McQuillan v. City of Seattle

*601The opinion of the court was delivered by

Gordon, J.

This action was brought to recover for injuries sustained from a fall through a defective sidewalk, and the case comes to this court for the second time. On the first appeal this court reversed the order of the lower court sustaining a non-suit. McQuillan v. Seattle, 10 Wash. 464 (38 Pac. 1119). Upon the trial which followed, the respondent recovered a verdict for $1,000, and, its motion for a new trial having been overruled and judgment entered upon the verdict, the city has appealed.

The errors assigned are: (1) Failure to grant a non-suit;…