Vizzaro v. King County

Citations

• 130 Wash. 398
• 227 P. 497
• 1924 Wash. LEXIS 648

Syllabus

<p>Bridges (3) — Counties (58) — Torts—Liability for Defective Bridge on Boundary Line. A county is liable for personal injuries sustained through the defective condition of an approach to a bridge over a boundary line stream, where the county built the bridge and both approaches and maintained the approach within the limits of the town, and assumed the duty of erecting barriers and protecting both approaches without consultation with, or co-operation of, the town authorities.</p> <p>Bridges (3) — Highways (66) — Liability for Defects — Counties and Towns- — -Boundary Line Bridge. Where the approaches on both sides of a boundary line bridge or culvert were washed out through insufficient capacity of the culvert to care for flood waters, and the bridge was the connection between a town street and a county highway, both the town and the county are liable for negligence in the maintenance of the approaches, on the principle that the defect was at the boundary line at a point common to both the town and county.</p> <p>Same. In such a case, the town cannot escape its legal liability to travelers by the fact that the county built and maintained the bridge and both approaches and assumed sole control and responsibility in keeping up repairs and erecting barriers, etc.</p> <p>Trial (13) — View of Premises. It is within the discretion of the trial judge to allow the jury to view the scene of an accident in an action for personal injuries sustained on a highway.</p> <p>Same (55-2) — Conduct of Counsel — Correction of Objectionable Matter. -Objectionable portions of counsel’s opening statement to the jury may be corrected by then instructirg the jury that it was not to be regarded as testimony.</p> <p>Appeal (386) — Review — Parties Entitled — Acquiescence in Error. Where appellants did not oppose a motion to strike the evidence óf a witness who violated the rule as to exclusion from the court room, and no exception was taken to the order striking the evidence, the error is wa