Hart v. King County

Citations

• 104 Wash. 485
• 177 P. 344

Syllabus

<p>Carriers (82) — Actions for Injuries — -Pleading. In a complaint for personal injuries through stepping into a hole in a county ferry approach, an allegation that the accident occurred “while alighting from a street car,” was used in a general sense and as qualified by other references, when construed together with the allegation that it was “while attempting to walk” upon the approach to the ferry, and “in the direct pathway thereof,” and allegations fixing the exact location of the hole in the walk.</p> <p>Same (81) — Companies Liable — Joint Liability — Common Approach. In an action for personal injuries “while alighting from a street car,” stepping into a hole in a plank roadway maintained at the terminus of the street car tracks by two carriers jointly, both would be liable, where the accident was not due to any movement of the street car.</p> <p>Counties (56) —Torts—Liability—Operation op Perry. A county operating a ferry for hire under the authority of Rem. Code, § 5013, acts in its proprietary capacity, and, is liable in damages for its acts and omissions as an individual engaged in a like enterprise.</p> <p>Carriers (81) — Companies Liable — Joint Liability — Common Approach. Where two common carriers, each acting independently in the collection of fares, maintain an approach or connecting way for the convenience of passengers in transferring, the duty of maintenance is upon both, and liability to passengers cannot be evaded by either by contract between themselves, or by a denial of ownership in the fee to the approach.</p> <p>Carriers (82) —Action for Injuries — Pleading. In an action against a carrier by an intending passenger injured upon an approach, an allegation overstating the degree of care required does not render the complaint subject to general demurrer.</p> <p>■Same (70, 75) — Care Required — -Intending Passengers. A carrier is only bound to exercise ordinary care as to an intending passenger using an approach to a ferry.</p> <p>Same (88) —