Blankenship v. King County

Citations

• 68 Wash. 84
• 122 P. 616
• 1912 Wash. LEXIS 1253

Syllabus

<p>Highways — Injuries to Travelers — Obstructions — Width of Road. A county cannot escape liability for obstructions in tbe portion of a county road in which the public is invited to travel, by the fact that there was a sufficient way left open to avoid the obstructions.</p> <p>Same — Obstructions—Question for Jury. Where a county road, macadamized for a width of sixteen feet along its center, was graded and traveled for a width of twenty-four feet, it is for the jury to say whether the entire improved portion was intended for travel; and the county is liable for obstructions placed in the traveled portion of the road at the edge of the macadam.</p> <p>Same — Obstructions—Constructive Notice. Constructive notice of obstructions in a county road is shown by the fact that large granite blocks were suffered to remain in the traveled portion of a county road for a period of five months.</p> <p>Same — Obstructions—Contributory Negligence. The driver of a team, who in the nighttime ran against a large granite block in the traveled portion of a county road, at the edge of the sixteen-foot macadamized center, is not guilty of contributory negligence, as a matter of law, from the fact that he had often seen and knew of the location of the obstructions, where the night was dark and rainy, he was keeping well to the right to avoid approaching vehicles, and his team had a short time before become frightened and increased its speed.</p> <p>Mount and Morris, JJ., dissent.</p>