Akin v. Bradley Engineering & Machinery Co.

Citations

• 48 Wash. 97
• 92 P. 903
• 1907 Wash. LEXIS 864

Syllabus

<p>Negligence — Proximate Cause — Dangers Attractive to Children — Explosives. A corporation engaged in selling explosives, ■which throws a large number of dynamite caps along a path frequented by school children, who were liable to pick them up and explode them in some manner, is not relieved from liability by reason of the fact that a boy, eleven years of age, undertook to explode the caps by contact with dry batteries found by him in an alley; such fact not being an intervening cause constituting a defense, or the proximate cause of the injury; the method employed for causing an explosion being a matter of detail.</p> <p>Same — Concurrent Negligence. In such a ease, the negligence of a third party in leaving the dry batteries where they could be found by children would be a concurrent rather than an intervening cause.</p> <p>Same — Contributory Negligence. It is a question for the jury whether a boy eleven years old was guilty of contributory negligence in attempting to explode dynamite caps by contact with dry batteries.</p>