Wilkie v. Chehalis County Logging & Timber Co.

Citations

• 55 Wash. 324
• 104 P. 616
• 1909 Wash. LEXIS 755

Syllabus

<p>Negligence — Evidence—Admissibility—Fbight op Hobse. Where an old, gentle horse suddenly became frightened 100 or 150 feet from a platform, on which were milk cans and a quarter of fresh beef, and there was no direct evidence and nothing more than a bare probability as to the cause of his fright, it is inadmissible to prove that other horses driven past the platform at another time had become frightened, and that there was fresh beef piled thereon at the time, either as inference as to the cause of the accident or to show notice.</p> <p>Negligence — Evidence—Sueeioiency—Peight oe Hoese — Pboximate Cause. In such a case, the mere probability that the horse became frightened at the quarter of beef, is not an evidentiary fact that will sustain a judgment for damages, regardless of whether the platform as maintained was a nuisance; since it was not shown that the same was the proximate cause of the accident.</p>