OWENS v. CITY OF SEATTLE

No. 33604.

49 Wn.2d 187 (1956)

299 P.2d 560

ROBERT H. OWENS, Respondent, v. THE CITY OF SEATTLE, Appellant.

The Supreme Court of Washington, Department Two.

June 28, 1956.


Attorney(s) appearing for the Case

A.C. Van Soelen, C.C. McCullough, and R.H. Siderius, for appellant.

Eddleman & Wheeler, William R. Eddleman, and James S. Turner, for respondent.


HAMLEY, C.J.

Robert H. Owens, while driving on Airport way in Seattle, was injured when his car struck a pool of water and went out of control. He brought this action against the city on the alternative theories of negligence and nuisance. Damages in the sum of $69,227.55 were prayed for.

The case went to trial on both causes of action. At the conclusion of plaintiff's case, however, the trial court sustained a demurrer to the cause of action based on nuisance...

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