Eskildsen v. City of Seattle

Citations

• 29 Wash. 583
• 70 P. 64
• 1902 Wash. LEXIS 619

Syllabus

<p>NEGLIGENCE-INJURY TO CHILD-ACT OE PARENT NOT IMPUTED TO CHILD.</p> <p>The negligence of the parent cannot be imputed to tbe child in an action brought for the benefit of the child and not for the benefit of the parent.</p> <p>SAME — PROXIMATE CAUSE.</p> <p>Where, owing to the defective construction of a .highway maintained by a city, and upon which a railroad was operated, an opening was permitted between the rails and the planking, in which a boy’s foot caught, on his stepping in between standing cars, and could not be extricated in time to avoid his being run over by the moving of the cars by an engine, the city is liable under the rule that the intervention of a third person, or of other and new direct causes, does not preclude a recovery, if the injury was the natural or probable result of the original wrong, even if the boy had been directed by his father to get into the place where he was injured, and even if the railway company had been negligent in moving its train without proper warning.</p>