Northwestern Mutual Fire Ass'n v. Northern Pacific Railway Co.

Citations

• 68 Wash. 292
• 123 P. 468
• 1912 Wash. LEXIS 1284

Syllabus

<p>Railroads — Fires—Cause of Fire — Negligence—Evidence—Sufficiency — Prima Facie Case. The evidence is sufficient to make a prima facie case of negligence against a railroad company, rendering it liable for a fire set out by an engine, where it appears that the engine hauling a large train of cars and working heavily, emitted an unusual amount of large cinders and sparks that were carried a distance by a strong wind, and that within ten minutes after the train passed, the roof of a house within reach of the sparks was discovered to be on fire, there being no fire in the house and no other explanation of the origin of the fire.</p> <p>Railroads — Fires—Negligence—Rebuttal of Prima Facie Case —Question for Jury. In an action to recover for property destroyed by a railroad fire, set out by sparks emitted from the engine, it is a question for the jury to determine whether plaintiffs prima facie case is sufficiently rebutted by defendant’s evidence that the engine in question was equipped with an efficient spark arrester and the train carefully operated, where it appears that the engine was working heavily to haul a long train of cars, that the brakes on one of the cars were firmly set, that the engine was emitting an unusual amount of large cinders and sparks that were carried a distance by a strong wind, while the defendant’s evidence of inspection of the spark arrester consisted of defendant’s records and the testimony of employees, the employee who made the inspection not being called; since this is nothing more than evidence opposed to evidence, and the credibility of the witnesses was for the jury.</p>