36 Wash. 281 | Wash. | 1904
This is an action for personal injuries alleged to have been sustained. Appellant, who was residing in Seattle, had gone to Edmonds on one of the morning trips of the steamer City of Everett, and, having paid for a round trip, had a return ticket to Seattle from Edmonds. About eight o’clock on the evening of January 3, 1903, she went to the dock with the intention of returning on said steamer, expecting to take passage when the steamer arrived at Edmonds at 8:15. The night was dark, and she was accompanied by Guy Kingsbury, who carried a lantern. They reached the dock before the steamer arrived. After walking about the dock for a while, they went to the southwestern- corner of the dock, and there appellant sat down upon the stringer running around the outer edge of the dock, while Mr. Kingsbury stood near, holding the lantern. .While sitting there, the boat whistled, and appellant, stepping forward, stepped into a hole in the floor of the dock, some two feet long and four or four and a half inches wide, with such force as to jam her right foot and leg into the hole, and up to her knee. The floor of the dock had to be pried up to release her, and the damages she suffered were the result of this accident. Suit was brought for the sum of $3,125.
We think it must be conceded that the appellant was a passenger on the boat, and the law governing the duties of common carriers must be applied in her case. The testimony in the case is not very extensive, and concerning the facts there is very little dispute. The record shows that they were about- as stated above. A jury was waived, and the cause was tried by the court. The
We cannot understand upon what theory the court found that the defendants were not guilty of negligence. The law is too well settled to necessitate citing of authority that it is the duty of common carriers, whether of steamboats or railroads, to keep in reasonably safe condition wharves, docks, or platforms upon which passengers are invited for the purpose of boarding said cars or boats. The maintaining of a dock with a hole in it the size of the hole which was conceded to be in this dock was "certainly negligence, for it was a peril to any one frequenting that portion of the dock.
Hor do we think that the appellant was guilty of contributory negligence in going to that portion of the ■ dock to which she did go, under the circumstances. The testimony shows that it was common for passengers wait
Hullerton, O. I., and Anders, Mount, and Hadley, JJ., concur.