Noll v. City of Seattle

The opinion of the court was delivered by

Reavis, C. J.

Action to recover damages for personal injuries. It appears that defendant bad given permission to a property owner who was operating a laundry to uncover or malee an excavation in Main street. Such excavation was made, and, while without barriers or cover around it, the plaintiff fell into' it, and sustained the injuries complained of. When the plaintiff’s testimony was concluded, a motion for non-suit was made by defendant. Two- grounds for non-suit, were urged: (-1) That the city bad no> notice of the unguarded condition of the…