Clark v. City of Bremerton

This action was brought by the plaintiffs to recover for the death of their minor son, Lyle Aubrey Clark, alleged to have been caused by the negligence of the defendant, city of Bremerton. At the close of the plaintiffs’ case, the court granted the defendant’s motion for nonsuit and entered a judgment dismissing the action with prejudice. Plaintiffs appeal.

May 19, 1938, the water department of the respondent city was engaged in excavating a trench along the side of one of its streets preliminary to the installation of a water main. The crew employed on the trench worked a six-hour day, or…