Robe v. Snohomish County

Citations

• 35 Wash. 475
• 77 P. 810
• 1904 Wash. LEXIS 472

Syllabus

<p>Bridges — Negligence—Collapse Through Decay of Timbers— Notice of Defect — Duty of County — Instructions. In an action against a county for personal injuries caused by the collapse of a bridge through the decay of timbers, an instruction commencing with the statement that the county cannot be held liable unless the authorities had been notified of the defect, is not prejudicial error, where the instructions as a whole properly state the duty of the authorities to exercise 'care to detect and guard against such defects, and that it was not necessary to prove actual notice, and properly defining constructive notice.</p> <p>Appeal and Error — Review—Special Verdict — Harmless Error on Another Branch of Case. Where a special finding establishes that the county authorities had no notice of defects in a bridge, and there is a general verdict for the county, error committed on another branch of the case is harmless, as the county would not be liable in any event.</p>