SMITH v. ABERDEEN

No. 578-2.

7 Wn. App. 664 (1972)

502 P.2d 1034

WILMA M. SMITH, Respondent, v. THE CITY OF ABERDEEN, Appellant.

The Court of Appeals of Washington, Division Two.

October 17, 1972.


Attorney(s) appearing for the Case

Lester T. Parker, for appellant.

Paul Stritmatter (of Stritmatter & Stritmatter), for respondent.


ARMSTRONG, J.

Defendant, the City of Aberdeen, appeals from a judgment entered pursuant to a jury verdict for the plaintiff, Wilma Smith, in the sum of $14,000 for personal injuries.

The appeal raises two issues: (1) Was the plaintiff's evidence sufficient to support the verdict? (2) Did the trial court properly instruct the jury? We find the evidence sufficient, but the instructions improper.

At about 10 p.m. on April 23, 1969, Mrs. Smith was walking...

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