Rowe v. City of Ballard

The opinion of the court was delivered by

Dunbar, J.

This is an action brought by the appellants, Mary Ellen Rowe and her husband Anthony Rowe, for alleged damages sustained by Mary Ellen Rowe in falling into an excavation or pit in one of the streets within the corporate limits of Ballard. The street had not been graded at this point, but the evidence shows that it had been used by wagons, carriages and pedestrians, and that well-defined roads and paths had been beaten in such street. The hole was from six to ten feet deep and from fifty to sixty feet wide, and was at the intersection of two…