Lewis v. City of Spokane

— The only question in this appeal is whether a defect in a city sidewalk, because of which the respondent claims to have been injured, was such a's made it the duty of the court to submit to the jury the question of the city’s negligence.

*685Respondent’s testimony tended to’show that the hole which constituted- the defect was about two and one-half inches deep’. Appellant contends that its photographs conclusively prove that it was not’more-than ‘one-half inch in depth, and that the photographic evidence must control.

’ We cannot accept this contention. Photographs are received in evidence for…