Schwab v. Anderson Steamboat Co.

Citations

• 66 Wash. 236
• 119 P. 614
• 1911 Wash. LEXIS 1048

Syllabus

<p>Negligence — Dangerous Premises — Issues and Proof — Failure of Proof. In an action for personal injuries sustained through the fall of a swing, predicated upon the allegations that the defendant owned and controlled the park where the injury happened and maintained the swing, there can be no recovery where all the evidence showed the swing to be outside the park and not within defendant’s control; and a verdict for plaintiff cannot be sustained on the theory that, there being no dividing line, the public might regard the place as within the park (Chadwick, J., dissenting).</p>