Elster v. City of Seattle

The opinion of the court was delivered by

Dunbar, J.

This is an appeal from the judgment of the superior court of King county allowing damages to respondent for an injury sustained by falling on a sidewalk in the city of Seattle and breaking his leg by said fall. It appears from the testimony in this case that at the place where the respondent fell one plank was slightly raised above the other, and when the respondent stepped on the lower plank it sank some three or four inches lower, his *305foot was caught under the upper plank, and he was thrown to the sidewalk, by which accident the injury was…