Legal Opinion

Swain v. City of Spokane

Washington Supreme Court

Decided February 10, 1917No. 13528PublishedCited by 18 opinions

Appeal from a judgment of the superior court for Spokane county, Sullivan, J., entered April 5, 1916, upon sustaining a demurrer to the complaint, dismissing an action for personal injuries sustained by the driver of an automobile.

1Opinion of the Court

Ellis, C. J. —

Action for personal injuries. The trial court sustained a general demurrer to the complaint. Plaintiffs filed an amended complaint in substance the same as the original. On motion of defendant it was stricken, and an order of dismissal was entered. Plaintiffs appeal.

The material facts alleged were as follows:

“That on or about 2:30 p. m. on the twelfth day of October, ' 1915, Charlotte B. Swain was riding in an Overland automobile, going east along the south side of East Sprague avenue and that said automobile passed over the west bridge and about two-thirds along the east bridge…

2Cases cited12 opinions

  1. Hubbell v. . City of YonkersNew York Court of Appeals · 1887
  2. Sutton v. City of SnohomishWashington Supreme Court · 1895
  3. Herr v. City of LebanonSupreme Court of Pennsylvania · 1892
  4. Kirtley v. County of SpokaneWashington Supreme Court · 1898
  5. Leber v. King CountyWashington Supreme Court · 1912

7 more not listed; retrieve them via the Exa API.

3Cited by18 opinions

  1. City of Dallas v. MaxwellTexas Commission of Appeals · 1923
  2. Berglund v. Spokane CountyWashington Supreme Court · 1940
  3. Smith v. SharpIdaho Supreme Court · 1960
  4. Ulwelling v. Crown Coach Corp.California Court of Appeal · 1962
  5. Hurley v. City of SpokaneWashington Supreme Court · 1923

13 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API