Legal Opinion

City of Puyallup v. Vergowe

Washington Supreme Court

Decided March 16, 1917No. 13777PublishedCited by 9 opinions

Appeal from a judgment of the superior court for Pierce county, Easterday, J., entered August 19, 1915, upon findings in favor of the plaintiff, in an action to recover over from a contractor the amount paid in satisfaction of a judgment for personal injuries sustained by a pedestrian through a defective street, tried to the court.

1Opinion of the Court

Chadwick, J. —

In November, 1908, appellant George E. Vergowe contracted with the city of Puyallup to grade and park Union avenue, a thoroughfare of that city. While the work was in progress, one Josephine Stine brought suit, and recovered damages in the sum of $3,000, for injuries sustained at one of the Union avenue crossings. Vergowe, the contractor, was not made a party to the action.

The contract for the improvement of Union avenue contained the following clause:

“Special care shall be taken by the contractor not to obstruct travel from any direction and to cause as little inconvenience as…

2Cases cited6 opinions

  1. Churchill v. HoltMassachusetts Supreme Judicial Court · 1879
  2. Trustees of Village of Geneva v. Brush Electric Co.New York Supreme Court · 1889
  3. City of Tacoma v. BonnellWashington Supreme Court · 1911
  4. City of Denison v. SanfordCourt of Appeals of Texas · 1893
  5. Consolidated Kansas City Smelting & Refining Co. v. BinkleyCourt of Appeals of Texas · 1907

1 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. Security Insurance Company of New Haven v. Virgil H. Johnson and Rex Bratcher, D/B/A Johnson-Bratcher Construction Co.Court of Appeals for the Tenth Circuit · 1960
  2. Colorado & Southern Railway Co. v. Western Light & Power Co.Supreme Court of Colorado · 1923
  3. Massachusetts Bonding & Ins. v. Dingle-Clark Co.Ohio Supreme Court · 1943
  4. Continental Casualty Co. v. Municipality of Metropolitan SeattleWashington Supreme Court · 1965
  5. Duncan v. JudgeWashington Supreme Court · 1953

4 more not listed; retrieve them via the Exa API.

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