Nelson v. City of Spokane

Citations

• 45 Wash. 31
• 87 P. 1048
• 1906 Wash. LEXIS 916

Syllabus

<p>Municipal Corporations — Streets—Country Roads — -Degree of Care. As to country roads, formed by travel and not laid out, a city is not required to exercise the same degree of care as in the case of city streets, but need only keep in repair the traveled portion, and is not liable to a traveler who attempts to leave one traveled track and drive onto another about nine feet distant and 18 inches to 2 feet lower, and who is injured by the dangerous condition of the ground which had never been used for a road.</p> <p>Same — Contributory Negligence. A traveler in a country road who without necessity attempts to drive from one traveled track into another across ground never used for a road, whereby injuries are sustained by his wife, is guilty of contributory negligence or assumes the risk, precluding any recovery from the city.</p>