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Fletcher v. City of Aberdeen

Washington Supreme Court
338 P.2d 743 (Wash. 1959)


Facts

The City of Aberdeen (City) (defendant) dug a ditch in a parking strip next to one of its sidewalks for the purpose of installing underground electric wires. The City erected barriers around the ditch to warn of injury. However, one of the City’s workers removed some of the barriers for the purpose of facilitating electric work. The worker negligently failed to replace the barriers once he was finished. During the interval when the barriers were removed, Fletcher (plaintiff), a blind man, fell into the ditch and was injured. He was using a cane, and would have detected the barriers if they had not been removed. Fletcher brought suit against the City for negligence. The trial court awarded damages for Fletcher, and the City appealed.

Rule of Law

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Issue

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Holding and Reasoning (Foster, J.)

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  • A “yes” or “no” answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

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