Davison v. Snohomish County

270 P. 422, 149 Wash. 109 (1928)

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Davison v. Snohomish County

Washington Supreme Court
270 P. 422, 149 Wash. 109 (1928)

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Facts

On a rainy evening, Edwin Davison (plaintiff) drove slowly up the approach to an elevated bridge in Snohomish County, Washington. Davison lost control, and his vehicle broke through the approach’s guardrail and fell to the ground. The vehicle was wrecked, and both Davison and his passenger (plaintiff) incurred severe injuries. Davison and his passenger sued Snohomish County (the county) (defendant) for negligence on three grounds. First, they argued the county negligently installed a guardrail insufficient to prevent a vehicle from falling off the approach. Second, they argued that the county negligently constructed the approach so that it sloped slightly downward at the outer edge of a curve. Third, they argued that while working on a nearby construction project, the county allowed fallen dirt to accumulate on the approach and negligently did not remedy the situation, causing the approach to become unduly slippery when wet. The county argued that its conduct was not negligent. The trial held in favor of Davison and his passenger. The county moved for judgment notwithstanding the verdict or a new trial. Both motions were denied. The county appealed to the Washington Supreme Court.

Rule of Law

Issue

Holding and Reasoning (Beals, J.)

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