Murray v. Wishkah Boom Co.

Citations

• 76 Wash. 605
• 137 P. 130
• 1913 Wash. LEXIS 1985

Syllabus

<p>Logs and Logging — Boom Companies — Duty to Public — Degree of Care — Instructions. A boom and driving company controlling the driving of logs on a stream by splash dams, owes the duty as a public service corporation to drive the logs with reasonable care and diligence, and is by Rem. & Bal. Code, § 7124, made liable for logs lost through neglect or unnecessary delay; hence the jury is properly instructed that a driving company is liable for logs lost by fire through unreasonable delay in driving them.</p> <p>Trial — Instructions—Requests. Error cannot be predicated upon the refusal of a requested instruction which was given in other instructions.</p> <p>Logs and Logging — Boom Companies — Delay in Driving — Liability — Actions—Defenses. In an action against a driving company for logs lost by forest fires through unreasonable delay in driving, it is no defense that the company was threatened with suits to enjoin it from creating splashes, where it had been operating on the river for fifteen years by splash dams.</p> <p>Limitation of Actions — On Contract — Oral Contracts. An action against a driving company for damages for logs lost by forest fires through unreasonable delay in driving, is an action on implied contract, within Rem. & Bal. Code, § 159, limiting actions upon a contract or liability express or implied which is not in writing to three years.</p>