Brown v. Oregon Railroad & Navigation Co.

Citations

• 41 Wash. 688
• 84 P. 400
• 1906 Wash. LEXIS 1037

Syllabus

<p>Negligence — Failure to Plead Contributory Negligence- — -Instructions. In an action to recover the value of a barn, destroyed by a fire negligently set out upon a railroad right of way, it is proper to submit to‘ the jury an issue, raised by the evidence of the plaintiff, as to the contributory negligence of the plaintiff in not protecting his property, although contributory negligence was not pleaded as a defense to the action.</p> <p>Fires — On Railroad Right oe Way — Contributory Negligence. In an action to recover the value of a barn destroyed by a fire set out on a railroad right of way, on the opposite side of a river about 150 to 200 feet wide, evidence on the part of the plaintiff that he had known of the fire raging on the right of way for a day or two, and particularly on the morning in question, and that he left a wide door open on that side of the barn, warrants an instruction to the jury as to the plaintiff’s negligence to the effect that the defendant was not liable if the plaintiff failed to use ordinary care to protect his property; and an order granting a new trial solely on the ground of error in such instruction will be reversed.</p>