Reidhead v. Skagit County

• Decision Date: 13 October 1903
• Citation: 33 Wash. 174,73 P. 1118
• Parties: REIDHEAD et al. v. SKAGIT COUNTY.
• Court: Washington Supreme Court

73 P. 1118

33 Wash. 174

REIDHEAD et al. v. SKAGIT COUNTY.

Supreme Court of Washington

October 13, 1903

Appeal from Superior Court, Skagit County; Geo. A. Joiner, Judge.

Action by Lydia H. Reidhead and another against Skagit county. From a judgment for plaintiffs, defendant appeals. Reversed.

M. P Hurd, for appellant.

Gable &amp Seabury and Million & Houser, for respondents.

PER CURIAM.

This action was begun in the superior court of Skagit county by Lydia H. Reidhead and Vina C. Reidhead, a minor, by her guardian, against Skagit county, for the purpose of recovering damages for the death of Andrew Pearl Reidhead alleged to have been caused by the negligence of the county. The negligence, as set out in the complaint, was that the county had constructed and maintained a bridge on a public highway without providing guard rails or other proper protection along the sides of the structure, whereby the deceased fell from the said bridge to the bottom of the ravine below the same, causing his death. The answer denied the material allegations of the complaint and set up an affirmative defense of contributory negligence. The allegations of contributory negligence were in turn denied in the reply. The following statement substantially embraces the material facts as shown by the evidence: The bridge in question at the time of the alleged accident was a wooden structure about 30 feet in length by 15 feet in width. The floor was 12 feet wide, and consisted of cedar puncheons held in place by logs or sticks of timber about 9 or 10 inches in diameter laid on each side of the structure, fastened with pins or spikes. The distance between banks at the top of bridge was about 17 feet. Underneath, about 8 or 9 feet below, near the center, there flowed a small stream about 5 1/2 feet in width, emptying into the Skagit river a few rods below. The water was cold, and ran quite rapidly, causing a rippling sound that might be heard for three or four rods distant under ordinary conditions. Just above, on the upper side north of the bridge, two small streams came together, forming one creek. Between the two streams at that place there was a small wedge shaped sand bar, coming to a point about two or three feet from the bridge, reckoning by a direct line to the water's surface below. It sloped northwards 20 or 25 feet. This bridge was a substantial structure, suitable for ordinary travel with teams as well as for pedestrians, had been maintained for a number of years, and was then a part of the county road leading from Hamilton to Baker river. It had no guard rails on either side. The evidence showed that deceased was 60 days of age; that he left his home at Hamilton about 4 o'clock in the afternoon of August 19th, 1901, taking along with him his team, harness, and some logging apparatus, with the intention of going to work for a mill company on Baker river that, in order to reach his destination, it was necessary for him to travel along this road; that about dusk on the same evening deceased, with his team and logging outfit, arrived at the place of John R. Kearney, located on the county road on the north side of Skagit river; that the bridge in question was about 300 yards distant from Kearney's between his place and Baker river, which was about 2 1/4 miles beyond on said road; that deceased remained at Kearney's, fed his team, obtained something to eat for himself, departed with his horses and outfit about 9 or 10 o'clock on that evening, going in the direction of the bridge. In about 25 minutes he returned, without his team, in search of a whiffletree, which he had left behind, and which he found with the assistance of Mr. Kearney, who went with him for a short distance along the main road towards the bridge; that before separating Kearney asked deceased where he had left his team, and was told that they were left standing in the road. Kearney was the last person who saw Reidhead alive. Early on the following morning one of the horses returned to Kearney's premises dripping wet, whereupon Kearney, with assistance, went in search to find the place where the horses reached the river. This place he found, finding the other horse also a short distance below, near a drift. Mr. Kearney testified that the horses did not go over the bridge; that they went from the road into the Skagit river; that deceased had worked for him about a couple of weeks, and was familiar with the bridge; that a diligent search was made by witness, with other parties, which was for the most part directed towards the river; that 12 or 15 feet above the bridge there is a beach, where the creek may be approached with teams; that a person at that time could walk up the ravine under the bridge; that about the 25th of August following witness was informed that some trappers had found a body near the bridge. The facts concerning the finding of the body are narrated by the witness Kearney in his direct examination as follows: 'Q. Where did you see the body--where was it lying? A. Above the bridge, with his feet toward the northeast. The singletree he had with him, that he came...