Kroeger v. Grays Harbor Construction Co.

Citations

• 83 Wash. 68
• 145 P. 63
• 1914 Wash. LEXIS 1585

Syllabus

<p>Death — Wrongful Death — Negligence—Trespassers—Degree of Care — Contributory Negligence — Evidence—Sufficiency. One who goes upon a trestle used in tbe construction of a jetty, in search of employment, and after being refused, loiters about tbe place in a dangerous position for an inexcusable length of time near the sweep of a derrick used in unloading rock from a heavy skip, is a mere trespasser, or at least but a licensee, whom the defendant was only bound to refrain from wilfully and wantonly injuring; and he was guilty of contributory negligence, precluding any recovery for his death, when struck by the skip, where there was no evidence of an intention to wantonly or wilfully injure him, or even that his presence was known.</p>