Shafford v. Brown

Citations

• 49 Wash. 307
• 95 P. 270
• 1908 Wash. LEXIS 574

Syllabus

<p>Agriculture — Destruction—Infected Fruit — Damages—Liability — Defenses—Statutes. In an action for damages for the destruction of fruit, an affirmative defense that the same was infected and its destruction necessary, and that it was condemned by defendant B., a county fruit inspector, and on appeal to the defendant H.,' the state commissioner of horticulture, the fruit was found infected and destroyed, is good as against a demurrer, although the law creating county' fruit inspectors was unconstitutional; since the demurrer admits the infection and worthlessness of the fruit.</p>