Ulrich v. Stephens

Citations

• 48 Wash. 199
• 93 P. 206
• 1908 Wash. LEXIS 829

Syllabus

<p>Fikes — Negligence—Evidence—Sufficiency. The evidence sustains a finding that defendants were guilty of negligence in burning a slashing during the driest time of the year where there had been no rain for two months and there was much combustible material in the neighborhood, although plaintiff’s adjoining property was separated from the slashing by a creek and a strip of green timber.</p> <p>Same — Damages — Contkibutoky Negligence — Findings — Consistency. A finding that plaintiff was guilty of contributory negligence in replacing in a barn, threatened by fire, movable articles taken therefrom, after they supposed the danger from fire was over, is not inconsistent with the allowance of damages for the loss of the barn and the hay therein that could not be readily removed.</p> <p>Appeal — Review—Findings. A finding of a trial court upon conflicting evidence, after seeing and hearing the witnesses, while not binding, will not be disturbed unless the supreme court is well satisfied of error.</p> <p>Mount, J., dissenting.</p>