Abrams v. Seattle & Montana Railway Co.

Citations

• 27 Wash. 507
• 68 P. 78
• 1902 Wash. LEXIS 419

Syllabus

<p>RAILROADS-NEGLIGENCE-SETTING OUT FIRE ON RIGHT OF WAY — DAMAGES TO PROPERTY OWNER-SUFFICIENCY OF EVIDENCE.</p> <p>Although there was no direct evidence of a fire having been started by sparks or cinders falling -from a passing engine upon the debris on the railroad right of way and communicating thence to plaintiff’s adjoining premises, the jury is warranted in finding that the fire so originated, when the evidence showed that there was quite an accumulation of dry, inflammable debris upon the right of way; that the plaintiff’s barn on the side toward the railroad was discovered to be on fire after the passage of defendant’s train, and there had been no fire about the barn premises prior thereto; that at the same time the barn was burning the debris on the right of way was seen to be on fire; and that this debris had twice been set afire in the immediate vicinity of the barn by passing trains prior to the occasion upon which plaintiff’s barn was burned.</p> <p>SAME-CONDITION OF RIGHT OF WAY-EVIDENCE.</p> <p>For the purpose of showing the condition of a railroad right of way on the question as to whether it contained inflammable material, evidence is admissible of other fires on the right of way in the vicinity of the one in controversy.</p> <p>SAME — INSTRUCTIONS ORIGIN OF FIRE.</p> <p>In an action for damages for loss of property caused by fire being set out through defendant’s negligence, in which one of the issues was whether there was material on the right of way capable of being ignited by sparks escaping from a passing engine, it was not error for the court to charge the jury to disregard the evidence of fires other than the one directly in issue in this case, “except for the purpose of showing the condition of the right of way adjacent to the barn at the time of the fire in question, if the same tends to show said condition.”</p> <p>SAME-DEGREE OF CARE.</p> <p>In an action against a railway company for damages to plaintiff’s property resulting from fire st