Howe v. West Seattle Land & Improvement Co.

Citations

• 21 Wash. 594
• 59 P. 495
• 1899 Wash. LEXIS 333

Syllabus

<p>NEGLIGENCE-REMOVAL OF OBSTRUCTIONS FROM HIGHWAY.</p> <p>Where through the negligence of defendant obstructions were placed in a highway, which were subsequently removed by employees of defendant and the road supervisor, and so negligently placed beside the highway as to fall and injure one below, the defendant cannot shift responsibility from itself to the county, on the ground that it was the duty of the county to clear the highway and that it was the act of the supervisor and not of its employees which was the proximate cause of the injury.</p> <p>SAME — CONCURRENT CAUSE.</p> <p>If defendant places a log on the side of a hill in such an insecure way that it could be dislodged by a landslide, at a place where he has knowledge that such slides are apt to occur, and the log is dislodged as the immediate result of a land slide and falls, causing injury, the concurring act of defendant would render him liable for the injury caused.</p> <p>INSTRUCTIONS — FAILURE TO GIVE — HARMLESS ERROR.</p> <p>Error cannot be. predicated upon the failure of the court to instruct upon matters in issue, when no proper instructions on the point are requested.</p>