Johnson v. Bellingham Bay Improvement Co.

Citations

• 13 Wash. 455
• 43 P. 370
• 1896 Wash. LEXIS 68

Syllabus

<p>INJURIES TO SERVANT — DEFECTIVE APPLIANCES — CONTRIBUTORY NEGLIGENCE — PLEADING.</p> <p>Contributory negligence is a matter of defense to be pleaded by the defendant and need not be negatived in the complaint.</p> <p>A master is liable for injuries received by a servant from the giving way of a rotten plank in the master’s wharf, over which the servant was required to wheel heavy trucks, knowledge of the defect having been brought home to the master a couple of days before by the breaking of the same plank, which had at that time been repaired, the second break, which was the cause of the injury, occurring just beyond where the repairs had been made.</p>