Archibald v. Lincoln County

Citations

• 50 Wash. 55
• 96 P. 831
• 1908 Wash. LEXIS 664

Syllabus

<p>Death — Action for — Parties Entitled to Sue — -Pleading. An action for wrongful death may be prosecuted in the name of the administratrix of the deceased’s estate, although it is not alleged that it is for the benefit of the widow and children, where they are named in the complaint; as the action will inure to their benefit by operation of law.</p> <p>Costs — Remedies for Collection — Actions—Abatement—Former Action for Costs — Stay of Proceedings — Abuse of Discretion. Where a widow brought suit against a county in her own name for the wrongful death of her husband, and upon submitting to a voluntary nonsuit, judgment for $264 costs was entered against her, it is an abuse of discretion, upon the commencement of a suit by her as administratrix for the benefit of the widow and children, to stay proceedings as to the widow’s claim until the costs of the former action were paid, where it appears that she is without means, has three small children to support, that she and the children had been ill, dependent upon charity, and inmates of the county poor farm, and no additional costs would accrue to the county by reason of the inclusion of the widow’s claim.</p> <p>Highways — Defects — Evidence of Negligence — Sufficiency. There is sufficient evidence to show that a highway was not in a reasonably safe condition for public travel where it appears that there was a narrow grade or fill, eight or ten rods long, seven or eight feet wide at the top,-and four or five feet high, that there was a bridge near the center .of the fill, from one end of which the earth had settled away leaving an abrupt rise of six inches, and that on driving six inches or a foot from the wagon track one would be precipitated over the bluff.</p> <p>Same — Defects—Notice to County. Where a highway was dangerous by reason of a narrow fill, and it had been in such condition for some years, the county has both actual and constructive notice of the defect.</p> <p>Same — Contributory Negligence of Trave