Jordan v. Welch

Citations

• 61 Wash. 569
• 112 P. 656
• 1911 Wash. LEXIS 1123

Syllabus

<p>Fires — Actions—Defenses—Railroads—Right op Wat — Deeds— Waiver of Damages. A waiver of damages in a right of way deed, for loss sustained by reason of the location, construction and operation of a railroad thereon, does not preclude recovery for loss by reason of a fire carelessly set out on the right of way by the contractors constructing the road.</p> <p>Assignments — Action in Tort — Survival—Damages from Fire. A right of action for damages caused by a fire negligently set out, survives to the personal representative, and is therefore assignable.</p> <p>Fires — Negligence—Railroad Contractors — Dutt. It is actionable negligence for railroad contractors in construction work to deposit sparks or live coals, from an engine operating a steam shovel, upon the right of way, and allow the fire to spread to an adjoining meadow, during the dry season when the soil was easily ignited, irrespective of any negligence in operating the engine; since it was their duty to take precautions against the communication of the fire to adjoining lands.</p>