Hanson v. Spokane Valley Land & Water Co.

Citations

• 58 Wash. 6
• 107 P. 863
• 1910 Wash. LEXIS 877

Syllabus

<p>Negligence—Ways—Invitation—Licensee-—Pleading. An allegation that a road was a private road and way of necessity, constantly traveled over by the public generally, has the effect to charge that it was a public way over private land, and use thereof by the public for some years amounts to an implied invitation to the public to use it, so that one using it would not be a mere licensee.</p> <p>Same-^-Ways—Pebsons Liable—Excavations. A water company making an excavation across a public way on private land, is liable for conseguent injuries to a traveler impliedly invited to use the road, although the company was not the owner of the land.</p> <p>Same—Ways—Invitation. A well-defined private way connecting with the main traveled road, left open to and much traveled by the public, amounts to an implied invitation to the public to use it.</p> <p>Same—Ways—Negligence. It is negligence to dig a ditch across a public road on private land, and leave the same unguarded at night.</p>