Jackson v. City of Seattle

This is an appeal by the plaintiffs from a judgment entered on a verdict in a personal injury action in favor of defendant city. Appellants assign as error the giving of two instructions and the refusal of the trial court to give an instruction requested by them. The assignments raise two questions: First, was the evidence sufficient to take the issue of contributory negligence to the jury; and, second, did the evidence warrant the giving of an instruction on the theory of unvoidable accident.

These questions will be discussed in the order stated, and only so much of the evidence as is…