title:
Frank Morley Appellee vs H E Morgan Appellant, Brief of Appellee
title:
59
creator:
Frank Morley
contributor:
Hays
contributor:
Plumley
date:
1890-10
publisher:
Washington State Supreme Court
type:
Civil
subject:
Remedies
language:
eng
format:
application/pdf
description:
Prior History: Appeal from Superior Court, Jefferson County.Action by Frank Morley against H. E. Morgan, for damages for injuries due to defendant's negligence in constructing, maintaining and operating a certain wharf in and upon Tyler street, in the city of Port Townsend, State of Washington. The trial court found the facts substantially as follows: That Tyler street, in the center of which said wharf is located, is 73 feet wide, and the ordinance of the city of Port Townsend granting to defendant's grantor the right to erect and maintain said wharf, limited said right or franchise to a distance of 15 feet on each side of the center of said street; that the hole or crack where plaintiff was injured is 16 3/10 feet from the center of said Tyler street; that the roadway of said wharf, at the point where plaintiff was injured, was closely and substantially planked more than thirty feet wide; that defendant's grantor, when he built the roadway, extended the planking out 16 3/10 feet, instead of 15 feet, on each side of the center of the street; that one of the planks in said roadway was about 4 inches shorter than the others; that subsequently the persons who were in possession of the land on each side of the street, planked the intervening space on each side of said roadway, joining the planking on said roadway, except at the point where the plank was short, and removed the guard rail along said roadway; and that plaintiff was injured, without fault on his part, by stepping into said hole between the planks on said wharf. Judgment for plaintiff, and defendant appeals.
description:
Negligence – Defective Roadway – Wharves – In an action for damages for injuries resulting from the negligent construction and maintenance of a wharf, where the complaint alleged that the right and privilege to construct and maintain said wharf “in and upon Tyler street,” had been given by an ordinance of the city of Port Townsend, and also contained allegations showing that where the wharf was built, and the plaintiff injured, was not “in and upon Tyler street,” but about one hundred feet from the land of Tyler street and out over the water, the complaint states facts sufficient to charge the defendant, and not the city, with the duty of maintaining the wharf in proper condition for travel.Plaintiff brought an action to recover damages for injuries alleged to have been sustained by reason of the negligent construction and maintenance of a wharf in a certain street. The special findings of fact showed that the said street was 73 feet wide; that by an ordinance of the city the defendant’s grantor had been given the right to erect and maintain a wharf for a distance of 15 feet on each side of the center of said street; that the defendant’s grantor when building the roadway for said wharf, extended the planks to 16 3/10 inches shorter, and put a guard rail alongside of the roadway; that each side of said street, removed the railing and planked over the intervening space on each side of said roadway, except at the point where the plank was short, thus leaving a small opening in the roadway or street, which was 16 3/10 feet from the center line of said street; that plaintiff while waling along said roadway, in the exercise of due care, was injured by stepping into said opening. Held, that the negligence, if any, in leaving the hold, was not the negligence of defendant or his grantor.
relation:
Morgan v. Morley, 1 Wash. 464 (1890)
relation:
25 P. 333
rights:
These materials are public records. Please see Washington State Court Rules: General Rules 31 for details https://www.courts.wa.gov/court_rules/pdf/GR/GA_GR_31_00_00.pdf
