McGarvey v. City of Seattle

On June 1, 1959, appellant, Franklin McGarvey, 80 years of age, seriously fractured both legs and sustained other injuries when he fell into an open manhole in a sidewalk in downtown Seattle.

This action was instituted by appellant against the city of Seattle. At the trial, the evidence was in direct conflict concerning the presence or absence of a barricade around this open manhole at the time of appellant’s accident. The jury was instructed by the trial court that if there was a barricade around this open manhole, the plaintiff could not recover. They were further instructed that, if there…