Dillabough v. Okanogan County

Citations

• 105 Wash. 609
• 178 P. 802
• 1919 Wash. LEXIS 1025

Syllabus

<p>Appeal and Error (451)—Review—Harmless Error—Admission of Evidence. Error in the admission of evidence in an action tried to the court is harmless.</p> <p>Same (432)—Review—Harmless Error—Party Not Entitled to Succeed. Error in refusing requested findings is harmless, where the judgment was justified in any event.</p> <p>Highways (62, 67)—Injuries From Defects—Negligence—Evidence—Sufficiency. A finding of negligence in the construction and maintenance of a culvert is sustained by evidence that engineers advised the county that the proposed culvert was too small to carry off the waters in times of freshets, and that the same was maintained for two years after such fact was demonstrated by washouts, without taking any steps to remedy the defect or warn the public.</p> <p>Same (65)—Injuries From Defects—Contributory Negligence. It is not negligence per se for a traveler by auto stage to ride in an overloaded car over a muddy, slippery road, in high gear, even in the nighttime.</p> <p>Negligence (22-1)—Imputed Negligence—Driver and Passenger. The negligence of the driver of an auto stage in approaching an unsafe culvert over a slippery road, in high gear, cannot be imputed to a passenger.</p> <p>Highways (62)—Injuries From Defects—Proximate Cause. The overloading of an auto stage is no defense to an action by a passenger for injuries sustained through the negligence of the driver in approaching an unsafe culvert, where it was not shown to be the proximate cause or that it contributed thereto.</p>