Bullock v. Yakima Valley Transportation Co.

Citations

• 108 Wash. 413
• 184 P. 641
• 1919 Wash. LEXIS 894

Syllabus

<p>Boundaries (1)—Description—Monuments and Marks. A call in a deed to the south line of a road as then used, which was marked by a fence, being to a monument, controls a description by metes and bounds which would carry it beyond and into the road.</p> <p>Counties (88-92)—Claims Against County—Demand for Payment—Sufficiency. A claim for personal injuries against a county is not insufficient in that it makes no formal demand for payment, when it was sufficient in all other respects.</p> <p>Same (90, 95)—Claims — Rejection — Presumptions—Actions— Remedies. Under Rem. Code, § 3909, providing that no action shall be commenced against a county until a claim has been presented and disallowed, it will be conclusively presumed, after the commissioners have failed to act within a reasonable time, that they rejected the claim, and claimant may sue at law without resorting to mandamus to force the commissioners to act; and seven months is more than a reasonable time.</p> <p>Same (90)—Actions on Claims — Limitations — Rejection of Claim. Under Rem. Code, § 3909, requiring action on a claim against a county to be commenced within three months after rejection of the claim, where the commissioners refused to act within a reasonable time, the claim will be considered rejected as of the time the claimant elected to sue, and the county could not take advantage of its own wrong and claim an earlier rejection barring the right of action.</p> <p>Appeal (384)—Review—Coparties—Fault of Coparty. Error in admitting evidence by a codefendant, over the objection of both plaintiff and defendant, may be assigned for reversal of plaintiff’s judgment, although she was not responsible for the error.</p> <p>Highways (64)—Defects—Notice to County — Photographs— Admissibility. Photographs showing a dilapidated condition of a county sidewalk generally, are admissible against the county only for the purpose of showing notice of the particular defect which caused the injury; and when offered by a codef