O'BRIEN v. City of Seattle

This is an action for damages resulting from an automobile accident. The O’Briens alleged that the accident resulted from the failure of the city of Seattle to maintain its streets in a reasonably safe condition for the traveling public, in that the city failed to remove or cover old, unused streetcar tracks. The city denied any negligence on its part, and affirmatively alleged that the accident re- suited from the negligence of Mr. O’Brien, the driver of plaintiffs’ car. The jury returned a verdict for the defendant, but the trial judge granted plaintiffs.’ motion for a new trial. The city…