Foote v. Hayes

On December 17, 1958, at about 6:15 p.m., J. Edward Foote, since deceased, 1 fell into a 16 to 18 foot deep side sewer trench adjacent to his residence property and was severely injured. He initiated this action against defendants seeking damages for his injuries. The trial court granted defendants’ motions for summary judgment and dismissed the action. Plaintiff appeals.

On the evening of the mishap and at the time in question, it was rainy, windy, and pitch dark. Mr. Foote, age 62, was going home from his place of business in downtown Seattle. Sewer excavation in the area of his urban…