North Bend Lumber Co. v. City of Seattle

Citations

• 116 Wash. 500
• 199 P. 988
• 19 A.L.R. 415
• 1921 Wash. LEXIS 962

Syllabus

<p>Negligence (16, 18)—Contributory Negligence—Nature and Elements—Care Required as to Use oe Property. The fact that a property owner knew or suspected that the negligence of another might cause damage to his property and made no effort to counteract it, would not constitute contributory negligence on his part, since the rule of personal conduct which requires one to make a reasonable effort to protect his person from the known negligence of another does not extend to the use of property.</p> <p>Waters and Water Courses (79, 87)—Public Supply—Damages from Negligence. In an action for damages against a city for the destruction of plaintiff’s mill property by the flooding of a creek on which the mill was located, a question for the jury was presented where there was evidence showing that the flood had been swelled by the bursting out of water through one wall of defendant’s reservoir, which wall was a glacial moraine of pervious character utilized for the purpose, through which there had always been seepage within the knowledge of defendant.</p>