Nipges v. Mountain View Township

Citations

• 100 Wash. 268
• 170 P. 560
• 1918 Wash. LEXIS 719

Syllabus

<p>Highways—Defects—Injuries—Liability of Townships. Since townships organized under Const., art. 11, § 4, are, by Rem. Code, §§ 9322-9438, made bodies corporate, and vested with full control over highways to the exclusion of the county proper, with power to raise funds to keep them in repair, the township is liable for injuries caused by reason of the defective condition of its highways, under Rem. Code, §§ 950, 951, making counties, incorporated towns, school districts, and other public corporations, liable for “an injury to the rights of the plaintiff arising from some act or omission” of such public corporation.</p> <p>Same—Contributory Negligence—Evidence—Question for Jury. In an action for personal injuries sustained when plaintiff’s wagon slipped into a hole in a highway, whether the use of insecure seats was contributory negligence presents a question of fact.</p> <p>Same—Contributory Negligence—Notice of Defect. The use of a highway with knowledge of a defect does not impute contributory negligence as a matter of law.</p>