Gregg v. King County

Citations

• 80 Wash. 196
• 141 P. 340
• 1914 Wash. LEXIS 1286

Syllabus

<p>Wharves—Public Dock—Construction—Negligence — Liability of County-—Questions for Jury. The negligence of a county in maintaining a public dock with a loose fender-pile, whereby a child’s hand was caught and crushed, is for the jury, where experts testified that the proper and safe construction was to have the fender-piles bolted to the dock, it being admitted that this would have prevented the injury.</p> <p>Wharves—Public Docks—Maintenance — Liability of County. A county is bound to exercise the same degree of care for the safety of the public in the maintenance of a public dock at the termination of a county road as is required in the case of public highways; especially in view of the statute authorizing the maintenance of county docks only at the termination of county roads.</p> <p>Negligence—Dangerous Premises—Public Dock—Trespassers— Children. A child of tender years (six), accompanying an older brother who was sent on an errand to a public dock to meet a steamer, is not a trespasser in going upon the dock, which was at the termination of a county road.</p> <p>Negligence—Dangerous Premises—Places Attractive to Child. A county is charged with notice and bound to anticipate that a public dock at the termination of a county road is a place attractive to children and might be used by them for recreation, especially where the county allowed a confectionery stand upon the dock.</p> <p>Same—Contributory Negligence—Presumptions. In the absence of evidence to the contrary, a child of six or seven years of age is presumed to be incapable of contributory negligence.</p> <p>Negligence—Personal Injuries — Action by Child — Contributory Negligence of Parent. In an action by a minor child of tender years to recover for his own personal injuries, the contributory negligence of his parents is no defense.</p> <p>Damages—Personal Injuries—Excessive Verdict. A verdict for $3,202, for personal injuries sustained by a child, whose hand was crushed so that it was stiff and lacked