Gaffner v. Johnson

Citations

• 39 Wash. 437
• 81 P. 859
• 1905 Wash. LEXIS 883

Syllabus

<p>Appearance—Special—Waiver. A special appearance to dismiss an action because of a defective service of summons is waived by a general appearance made without preserving the special appearance.</p> <p>Limitation of Actions—-Accrual—By Master Against Servant for Indemnity—Payment of Judgment. An action does not accrue in favor of a master against a servant on account of injury to a third person, caused by the servant’s negligence, until the master has been compelled to pay the party injured, and under Bal. Code, § 4805, is not barred until two years thereafter.</p> <p>Collision—Negligence—Evidence—Sufficiency. The evidence is sufficient to sustain a finding that the master of a steamer was guilty of negligence in colliding with the steamer P, a rival boat, when it appeared that he was, at the time, in his pilot house with an unobstructed view of the P, which was running on a parallel course, two or three hundred feet in advance, that the water was smooth, and that under the rules of navigation the P had the right of way.</p>