Noland v. Great Northern Railway Co.

Citations

• 31 Wash. 430
• 71 P. 1098
• 1903 Wash. LEXIS 649

Syllabus

<p>RAILROADS-VIRES ALONG RIGHT OV WAY-EVIDENCE OF ORIGIN.</p> <p>In an action to recover damages for fire set out by the passing engines of defendant, in which no particular engine is assigned as the direct cause of the injury, evidence that defendant’s engines were in the habit of 'emitting sparks upon the right of way and that other fires had been caused thereby, was admissible as a circumstance tending to show the origin of the fire, where that was a disputed question.</p> <p>SAME-PLEADING AND PROOF-VARIANCE.</p> <p>In an action for damages for fire caused hy defendant’s engine, evidence of the inflammable condition of the right of way was inadmissible, where there was no charge of negligence in the complaint as to the improper and careless maintenance of the right of way.</p> <p>SAME-INSTRUCTIONS.</p> <p>Where a complaint charged defendant’s negligence as consisting of carelessness in operating its locomotives and in allowing fire to spread over its right of way and upon its lands, it was error for the court to charge the jury as to the duty on the part of defendant in the matter of providing engines with the best appliances for arresting sparks, of keeping such appliances in repair, and of keeping its right of way free from combustible materials.</p>