Ostheller v. Spokane & Inland Empire Railroad

Citations

• 107 Wash. 678
• 182 P. 630
• 1919 Wash. LEXIS 812

Syllabus

<p>Death (9)—Right of Action—Defenses—Contributory Negligence of Deceased. Rem. Code, § 183, giving to heirs a right of action for the death of a person caused by the “wrongful act or neglect” of another, refers to wrong or neglect as against the deceased; hence no recovery is given where the deceased was guilty of contributory negligence.</p> <p>Husband and Wife (86,- 87)—Community Property—Right of Action—Personal Injuries—Defenses. The community of husband and wife being a legal entity in which title to property acquired is vested, the right of recovery for personal injuries is in the community alone and the contributory negligence of the husband is the negligence of the community.</p> <p>Death (9)—Right of Action—Defenses—Contributory Negligence of Deceased. In an action for wrongful death, the contributory negligence of the husband, resulting in the instantaneous death of both husband and wife, is the contributory negligence of the community and hence precludes recovery by the heirs for wrongful death of the wife as well as the husband.</p> <p>Tolman, X, dissents.</p>