Polk v. Spokane Interstate Fair

Citations

• 73 Wash. 610
• 132 P. 401
• 1913 Wash. LEXIS 1645

Syllabus

<p>Pibes — Destruction of Property — Contributory Negligence — Instructions. In an action for negligently setting fire to stables and destroying plaintiff’s horses, it is error to instruct the jury on the subject of plaintiff’s contributory negligence in using the stable with knowledge of the danger, that plaintiff only assumed the dangers which were known to him, without reference to dangers of which he should have known by the exercise of reasonable care, and to refuse an instruction that plaintiff could not recover if he was aware of the danger or knew, or should have known of the danger, and left his property exposed thereto.</p> <p>Same — Liability for Negligence — Defenses—Contributory Negligence — Knowledge Of Danger — Question for Jury. Knowledge of danger from fire to which one’s property is exposed, does not of itself constitute contributory negligence as a matter of law; but it is for the jury to say, as a matter of fact, whether due caution was used commensurate with such knowledge.</p> <p>Assignments — Rights Assignable — Action for Tort. A right of action for negligently setting fire to and destroying property is assignable.</p>