Sound Timber Co. v. Danaher Lumber Co.

Citations

• 112 Wash. 314
• 192 P. 941
• 1920 Wash. LEXIS 767

Syllabus

<p>Witnesses (122)—Impeachment — Inconsistent Statements. Where plaintiff’s witness denied, on cross-examination, having a conversation with a third person in which he made a statement conflicting with his present testimony, it was proper to allow such third person to testify that the conversation occurred at a certain time and place, since it tended to contradict his present version of the matter.</p> <p>Same (120)—Impeachment — Time and Place op Statements. Failure to fix the time and place of a conversation which a witness denied having had on cross-examination, does not prevent evidence of the occurrence of the conversation to impeach the witness, where the witness denied ever talking with the person in question.</p> <p>Evidence (37, 49)—Relevancy—Facts Relevant to Pabticular Issues-—Threats by Third Pebsons. In an action by one timber company against another for damages from fire, evidence of threats made by members of the I. W. W. is admissible as to the origin of the fire, there being proof that the fire occurred on the day defendant resumed operations after a strike brought on by I. W. W. members, many of whom were in the immediate neighborhood and capable of carrying out their threats.</p> <p>Railroads (110)—Fires—Cause op Fibe—Question pob Jury. In an action by one timber company against another for damages from fire started through negligent operation of defendant’s logging engine, the question of the origin of the fire is for the jury, where evidence showed threats made by members of the I. W. W. if the logging camps were started, that the fire started on the day defendant resumed operations, the presence of the men making the threats, the fact that a stranger was seen apparently in the act of starting a fire, and that strange men were seen running from the place where the fire started.</p> <p>Tbial (29)—Reception op Evidence—Rebuttal. In an action by one timber company against another for damages from fire, upon an issue made that the fire was set out b