Mead v. Chelan County

Citations

• 112 Wash. 97
• 191 P. 825
• 1920 Wash. LEXIS 704

Syllabus

<p>Highways (64)—-Injuries to Traveler—Notice of Defect. A county is not liable for injuries sustained by a traveler through a skidding of his wagon off a curve on a steep mountain road by reason of the dangerous and slippery condition of the roadway caused by the freezing of water escaping from an irrigation ditch, there being no proof that the county had knowledge of the existence of water in the ditch at that time of the year, and it not appearing that at other times the water and mud caused thereby created a dangerous condition.</p> <p>Same (65)—Contributory Negligence—Apparent Dangers—Evidence—Sufficiency. The driver of a heavy team and wagon carrying a very heavy load down a road containing sharp curves and steep grades is guilty of contributory negligence precluding a recovery for injuries sustained through the skidding of the wagon off a sharp curve covered with ice, he being familiar with the locality and having actual notice of the ice in the roadway before coming to the place of the accident, and so fully appreciated the probability of danger as to stop his team and examine his brakes before entering upon the curve.</p>