Legal Opinion

Overacker v. Northern Pacific Railway Co.

Washington Supreme Court

Decided August 10, 1911No. 9258PublishedCited by 7 opinions

Appeal from a judgment of the superior court for King county, Albertson, J., entered May 17, 1910, upon the verdict of a jury, rendered in favor of the plaintiff, in an action for damages to property by fire.

1Opinion of the CourtMorris, J.

This action was brought to recover for the destruction by fire of a dwelling house and other property, through the alleged negligence of appellant in operating an engine upon its right of way adjacent to the property destroyed, not properly equipped with spark arrester, and because thereof, emitting sparks of sufficient size and quantity to set fire to respondent’s house. Another charge of negligence was in permitting grass and other inflammable material to accumulate along the right of way adjacent to the property destroyed, in which a fire was started by a spark from an engine and the fire…

2Cases cited6 opinions

  1. Davis v. City of SeattleWashington Supreme Court · 1905
  2. Abrams v. Seattle & Montana Railway Co.Washington Supreme Court · 1902
  3. Minneapolis Sash & Door Co. v. Great Northern Railway Co.Supreme Court of Minnesota · 1901
  4. German Fire Insurance v. Bullene, Moore, Emery & Co.Supreme Court of Kansas · 1893
  5. Fireman's Fund Insurance v. Oregon Railroad & Navigation Co.Washington Supreme Court · 1910

1 more not listed; retrieve them via the Exa API.

3Cited by7 opinions

  1. General Insurance Co. of America v. Northern Pacific Railway Co.Supreme Court of the United States · 1929
  2. Firemen's Fund Insurance v. Oregon-Washington Railroad & Navigation Co.Washington Supreme Court · 1917
  3. Kentwood Lumber Co. v. Illinois Cent. R. Co.Court of Appeals for the Fifth Circuit · 1933
  4. Northwestern Mutual Fire Ass'n v. Northern Pacific Railway Co.Washington Supreme Court · 1912
  5. Thorgrimson v. Northern Pacific Railway Co.Washington Supreme Court · 1911

2 more not listed; retrieve them via the Exa API.

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