Bergen v. Lewis County

Citations

• 95 Wash. 499
• 164 P. 73
• 1917 Wash. LEXIS 834

Syllabus

<p>Counties — Actions — Maintenance of Perry — Liability. A county is liable for injuries sustained through the operation of a county ferry, under Rem. Code, § 951, providing that an action may be maintained against a county for an injury to the rights of the plaintiff arising from some act or omission of such county, and it is immaterial that Rem. Code, § 5013, authorizing counties to operate ferries was passed subsequently, since the former was a general act.</p> <p>Appeal — Review—Harmless Error — Evidence. Error cannot be predicated upon the admission of irrelevant and immaterial evidence that was entirely harmless and of no consequence.</p> <p>Same — Review—Harmless Error — Evidence — Change of Conditions After Accident. In an action for damages for negligence in operating a county ferry without fastening it to the shore while loading, it is not prejudicial error to admit evidence that, after the accident, chains were furnished by the county for that purpose, where it appears that ropes were furnished at the time of the accident and were not used, and where the court instructed the jury that evidence of the means provided after the accident to make the boat more safe was not evidence of neglect at the time of or prior thereto.</p> <p>Evidence — Opinions—Nonexperts. In an action for damages for negligence in operating a county ferry, nonexperts who had used the boat upon different occasions are competent to give their opinions upon the result of their experiences with the particular boat in question.</p>