Arthun v. City of Seattle

Christ Arthun, while engaged in the performance of work as a laborer for Grant Smith & Company, a contractor, in the laying of a line of pipe in and along Beacon Avenue in the city of Seattle, was struck and injured hy an automobile bus operated by the city in connection with its street car system. He sued the city, charging it with negligence, and recovered a verdict and judgment, from which the city has appealed.

The first assignment of error is that the respondent failed to make his election to sue the city in advance of suit, as required hv the workmen’s compensation act, and thereby lost…