Kelley v. School District No. 71

Citations

• 102 Wash. 343
• 173 P. 333
• 1918 Wash. LEXIS 969

Syllabus

<p>Schools and School Districts—Liability for Torts—Statutes —Repeal. The school code (Rem. Code, § 4302 et seq.) providing for a general and uniform public school system, does not impliedly repeal Id., § 951, rendering a school district liable for torts; in view of the fact that repeals by implication are not favored and that the act makes no reference to liabilities for torts.</p> <p>Statutes—Construction—Retroactive Effect. Laws 1917, p. 332, § 1, providing that no action shall be “brought or maintained” against a school district for non-contractual acts or omissions of officers or employees relating to playgrounds owned or operated by the district does not apply to an action which had gone to judgment against the school district prior to the taking effect of the law in June 1917, notwithstanding the pendency of an appeal by the defendant at that time; since the prevailing party is not “maintaining” an action by appearing and resisting the appeal.</p> <p>Schools and School Districts—Injury to Pupil—Negligence. The negligence of a school district in maintaining a swing is sufficiently shown by the breaking of an iron ring of considerable thickness, which was used in one position until it was worn down at the point of contact to a thin edge, which finally gave way.</p> <p>Appeal—Review—Instructions. Error cannot be predicated upon a paragraph of the instructions standing alone, where the instructions, considered as a whole, could not have prejudiced the appellant.</p> <p>Schools and School Districts—Injury to Pupil—Contributory Negligence—Instructions. In an action for injuries to a child sustained through a defective playground swing, requested instructions on the subject of contributory negligence and assumption of risks are properly refused where they assumed that the child owed the duty of inspecting the swing.</p>