The Wharfinger's Narrow Escape
A jury rules that a dock owner isn't a common carrier, leaving an injured woman without recourse.
The jury in the case of Catharine D. MacKinnon vs. the Oregon Improvement Company, which was tried before Judge Hanford, returned a verdict for the defendant yesterday afternoon. The plaintiff claimed $20,000 in damages for bodily injuries sustained on an unlighted dock on a dark night. The court heard that there was no railing, that the steamer involved was not owned by the company, and that Mrs. MacKinnon had climbed over several obstructions before falling. Judge Hanford ruled that a wharfinger is not held to the same stringent liability as a common carrier, and that he is only required to exercise ordinary care to keep his structure in good condition. The verdict was given for the defendant, and an appeal is expected.
“The owner of a wharf at which steamers touch is under a much less stringent rule as to negligence than is a common carrier.”
This ruling highlights a century-old tension in Seattle law: where the burden of public safety falls when private capital owns critical infrastructure. Today, the liability of 'platform' owners and landlords remains a fierce debate in city courts as Seattle grapples with maintenance and access.
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