Asplund v. Great Northern Railway Co.

Citations

• 63 Wash. 164
• 114 P. 1043
• 1911 Wash. LEXIS 1174

Syllabus

<p>Railroads — Fires—Negligence—Evidence—Question eor Jury. Whether a pile of cordwood, 135 feet distant from defendant’s railroad tracks, was burned by a fire set by a defective or negligently operated locomotive, is for the jury, where there was evidence that the fire started in the early morning, that no fire was discernible in the vicinity as late as 10 o’clock the evening before, that defendant’s locomotive passed at 3:15 in the morning, that sparks of sufficient size frequently escaped from the defendant’s engines and were thrown considerable distances, and that fires therefrom were a common occurrence during the dry season; notwithstanding that negligence was rebutted by evidence as to the condition and operation of the engine which presumably caused the fire.</p> <p>Same — Evidence oe Other Fires — Admissibility. Evidence of other fires set out by other engines at other times is admissible, as tending to show negligence by a fire set by a particular engine; where the emission of sparks and setting of fires was a matter of frequent occurrence.</p> <p>Appeal — Record—Instructions. Error cannot be predicated upon the instructions to the jury, where they are not set out in the record.</p>