Kilbourn v. City of Seattle

43 Wn.2d 373 (1953)

261 P.2d 407

CLAYTON J. KILBOURN, Individually and as Guardian, Appellant,

v.

THE CITY OF SEATTLE, Respondent.[1]

No. 32043.

The Supreme Court of Washington, En Banc.

October 1, 1953.

C.M. McCune and John A. Godfrey, for appellant.

A.C. Van Soelen and Arthur Schramm, for respondent.

HILL, J.

The principal question presented is the liability of a city for an injury sustained in one of its parks when a dead limb projecting over a cinder path fell and injured a person on the path.

The injured person, a child then less than two years of age, was in Seward park in the city of Seattle for a…