Croft v. Northwestern Steamship Co.

Citations

• 20 Wash. 175
• 55 P. 42
• 1898 Wash. LEXIS 493

Syllabus

<p>NEGLIGENCE OR CARRIER — INJURY TO PASSENGER-PLEADING — EVIDENCE -INSTRUCTIONS.</p> <p>In an action to recover damages for injuries sustained through the falling of a gang-plank leading from a dock to the deck of a steamer, a paragraph of the complaint is sufficiently particular and specific, as against a motion to make more definite, where it alleges that the gang-plank was carelessly and negligently supported on the boat and was not properly tied or fastened thereto.</p> <p>Where defendant, in an action for damages resulting from the falling of a gang-plank between a steamer and the dock, has put in evidence to the effect that the gang-plank had been properly fastened but had broken loose by the mooring of a second steamer to the first in such a way as to forcibly pull the first steamer from the dock, evidence in rebuttal is admissible to show that the second steamer tied up to the first one more than an hour before the accident occurred.</p> <p>A negligent carrier cannot set up a defense, as against a passenger, that the negligence of a third party contributed to the injury, although the latter acted independently of the carrier.</p> <p>Although a requested instruction embraces two different subjects that may well be submitted as separate instructions, it is not error to refuse the instruction, in whole or in part, if it is partly erroneous.</p>