Yamamoto v. Puget Sound Lumber Co.

Citations

• 84 Wash. 411
• 146 P. 861
• 1915 Wash. LEXIS 802

Syllabus

<p>Appeal — Review—Verdict. A verdict on sharply conflicting evidence, upon which it can only be said the jury might well have found the other way, is conclusive on appeal.</p> <p>Negligence — Fires—Evidence—Sufficiency. Liability for a fire is sustained, where there was direct evidence tracing the fire from the open burner of a mill, maintained by the defendant, to the buildings of the plaintiff.</p> <p>Trial — General Verdict — Several Causes of Action. In an action upon several assigned causes of action, a general verdict in a lump sum may be returned, under Rem. & Bal. Code, §§ 362, 364, where all the causes are submitted to the jury.</p> <p>Assignments — Consideration — Action by Assignee. Proof of consideration for an express assignment in writing is not necessary, and the assignee being vested with legal title, may sue in his own name, although the assignors retained an interest, under Rem. & Bal. Code, § 191.</p> <p>Assignments — Execution — Evidence — Sufficiency. There is sufficient evidence of proofs of the assignment of losses of several assignors, where the names of the assignors appear on the written assignment introduced in evidence, and they testified that they made such assignment; or where one assignor was allowed to testify, without objection, to the goods lost by him, included in the list, and no objection was made to the assignment for want of authentication.</p> <p>Pleadings — Amendments—Failure to Object to Evidence. Where a mistake was made in the name of an assignor given as T. Tamari, and A. Tamari testified without objection that he was the person intended and who sustained the loss, the pleading will be deemed amended.</p> <p>Negligence — Fires — Evidence of Other Fires — Admissibility. In an action for loss by fire originating from an open burner of a mill, evidence that other similar fires were set out in the vicinity by the burner is admissible, and such evidence is sufficiently definite if a witness testifies that he saw such fires or