Luedinghaus v. Pederson

Citations

• 100 Wash. 580
• 171 P. 530
• 1918 Wash. LEXIS 776

Syllabus

<p>Trespass—Persons Liable—Contractor. A contractor for clearing and grading is primarily liable for trespass committed in cutting timber in the performance of the contract, where the contract provided that it could not be assigned without consent and there was no evidence that it had been assigned.</p> <p>Same—-“Willeul Trespass” — Cutting Timber. There was no willful trespass by a contractor in the cutting of timber by employees, without the knowledge and contrary to the directions of the contractor’s foreman; but the same was “casual or involuntary,” within Rem. Code, §§ 939, 940, relating to treble damages for willful trespass.</p> <p>Same—Actions—Treble Damages—Pleading. In an action for treble damages for willful trespass in cutting timber, under Rem. Code, §§ 939, 940, it is not-necessary that the answer set up that the trespass was “casual or involuntary,” where under a general denial, such fact was shown.</p>