Fletcher v. City Of Aberdeen

54 Wash. 2d 174, 338 P.2d 743 (1959)

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Nature of the Case

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Facts

The City of Aberdeen (D) was doing construction and had dug a hole to place wires underground. To notify people of the hole, barriers were erected. However, a workman was working on the hole, and he forgot to put the barriers back up. Fletcher (P), a blind man, was walking down the street and because the barricades were not up, he fell into the hole. P sued to recover damages from the fall. D claims that it discharged its duty by erection of the barricades. D also claims that the fact that P is blind does not impose any higher degree of care on the City. Reasonable care was taken, and the city is not responsible for extra care for blind people walking the streets. Even so, D’s workmen had removed the barricades and that the accident in question occurred during this interval. The jury ruled for P. D contends that the instruction given places a higher degree of care upon it with reference to the parking strips than the degree of care required as to sidewalks.