Wegmiller v. State

280 P. 739, 154 Wash. 101, 1929 Wash. LEXIS 975

• Court: Washington Supreme Court
• Decided: September 28, 1929
• Docket: No. 21979. En Banc.
• Status: Published

Opinion

Per Curiam.

This is an appeal from an order of dismissal made and entered by tbe trial court after successive demurrers bad been sustained to various complaints of tbe plaintiff, wbicb order of dismissal was entered on tbe ground and for tbe reason that no . amendments bad been made “curing tbe defect in tbe original complaint.”

If we are able to gather tbe theory of tbe various complaints filed in this action, tbe plaintiff, acting as bis own attorney, is attempting to bold tbe state of Washington liable in damages by reason of tbe fact that be was gored by a vicious bull, tbe claim being made that tbe state, by its failure to enforce certain of our statutory laws relative to vicious animals, is thus rendered civilly liable for the damages resulting. We have not had the advantage of an oral argument, neither has there been presented any citation of authority. We are unable to understand how it can be contended that the state of Washington is civilly liable because a county officer has failed to enforce the law or, as in this case, has failed to apprehend a vicious animal.

Judgment affirmed.