Legal Opinion

City of Spokane v. Costello

Washington Supreme Court

Decided March 7, 1906No. 5840PublishedCited by 6 opinions

Appeal from a judgment of the superior court for Spokane county, Belt, J., entered October 11, 1904, upon the verdict of a jury rendered in favor of the city, in an action upon a contractor’s bond to recover the amount of a judgment recovered against and paid by the city.

1Opinion of the CourtFullerton, J.

— In September, 1901, one Philip Bom recovered a judgment against the city of Spokane for personal injuries suffered, as he alleged, from a fall into- an excavation made in a street of the city which the city had negligently allowed to remain unguarded or otherwise unprotected. The city appealed from the judgment, but the same was affirmed by this court. Born v. Spokane, 21 Wash. 719, 68 Pac. 386. After the case was remanded with instructions to carry the judgment into execution, the city paid the judgment, and thereupon instituted this action to recover the amount so paid from the…

2Cases cited10 opinions

  1. Washington Gas Light Co. v. District of ColumbiaSupreme Court of the United States · 1896
  2. Born v. City of SpokaneWashington Supreme Court · 1902
  3. Bell v. City of SpokaneWashington Supreme Court · 1902
  4. Edison General Electric Co. v. Canadian Pacific Navigation Co.Washington Supreme Court · 1894
  5. Elster v. City of SeattleWashington Supreme Court · 1897

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3Cited by6 opinions

  1. Jacobson v. Mutual Benefit Health & Accident Ass'nNorth Dakota Supreme Court · 1941
  2. Philadelphia Fire & Marine Insurance v. City of GrandviewWashington Supreme Court · 1953
  3. City of Seattle v. John C. Regan & Co.Washington Supreme Court · 1909
  4. Puget Sound Bridge & Dredging Co. v. Jahn & BressiWashington Supreme Court · 1928
  5. Maryland Casualty Co. v. HillWashington Supreme Court · 1918

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