Sandberg v. Cavanaugh Timber Co.

Citations

• 95 Wash. 556
• 164 P. 200
• 1917 Wash. LEXIS 844

Syllabus

<p>Appeal — Review—Harmless Error — Evidence. The admission of evidence upon an issue which was withdrawn from the consideration of the jury is harmless.</p> <p>Negligence — Pikes—Duty to Control. After the discovery of fire upon his premises, an owner must exercise reasonable care and diligence to prevent it from spreading so as to endanger other property, and is liable for damages caused through his failure to exercise such care in controlling it.</p> <p>Same — Degree of Care. The degree of care required by an owner in preventing the spread of fire on his premises is the same whether the fire was started by another or by the owner.</p> <p>Same — Pires—Paelube to Control — Question tor Jury. Whether the owner of premises used due care to control a fire found burning on his premises is a question for the jury, where it appears that the fire started in August during a very dry season, little effort was used to stop the fire for a day or two when it might have been subdued, the owner had notice of the danger, and the fire was traced directly to plaintiff’s premises.</p>