Fenton v. City of Seattle

On the question of liability of a city on account of negligence where an original grading of a street is involved, I think the cases of Lochore v. Seattle, 98 Wn. 265,167 P. 918, 7 A.L.R. 800; Allbin v. Seattle, 98 Wn. 275,167 P. 922; and Clark v. Olympia, 117 Wn. 506, 201 P. 755, are directly opposed to Schuss v. Chehalis, 82 Wn. 595,144 P. 916, and cases preceding that. I am of the view that the instruction on negligence is contrary to the doctrine announced in the later cases by this court, but conforms to the announcements in the earlier cases. Being of the opinion that the earlier cases…