Jordan v. Spokane, Portland & Seattle Railway Co.

Citations

• 109 Wash. 476
• 186 P. 875
• 1920 Wash. LEXIS 901

Syllabus

<p>Trial (56, 58)—Taking Case Prom Jury—Nonsuit. In order to sustain a nonsuit it must appear as a matter of law that there was neither evidence nor reasonable inference therefrom which would have sustained a verdict in plaintiff’s favor.</p> <p>Negligence (3)—Pibes—Duty to Control. An owner of premises must exercise reasonable care to prevent the spread of fire, started on his premises without his fault.</p> <p>Same (3). Negligence on the part of a railroad company in permitting a fire, discovered on its premises, to spread to plaintiff’s property may be inferred, and plaintiff makes out a prima facie case, where there was evidence that defendant had knowledge of it when it was a small affair easily extinguishable, with men at hand for the purpose, and that the season was unusually dry and the surroundings easily ignitable.</p> <p>Trial (13)—View—Discretion. It is within the discretion of the trial court to grant or deny a request that the jury be permitted to view the premises.</p>