Legal Opinion

Brown v. Oregon Railroad & Navigation Co.

Washington Supreme Court

Decided February 26, 1906No. 5962PublishedCited by 5 opinions

Appeal from an order of the superior court for Spokane county, Bftmeket, J\, entered May 27, 1905, granting a new trial for error in instructions, after the verdict of a jury in favor of the defendant, in an action for damages from a fire set out on the defendant’s right of way.

1Opinion of the CourtDunbar, J.

This is an action to recover for damages, alleged to have been occasioned to respondent’s property by a fire claimed to have been set on the right of way of the appellant, opposite to the barn of respondent, in Kootenai county, Idaho. The right of way was on one side of the Coeur d’Alene river and the barn on the other, the bam being a few feet from the banks of the river, and the right of way close to the banks of the river; the river being, as we are able to gather from the testimony, from one hundred and fifty to two hundred feet wide. The complaint alleged the negligence of the defendant…

2Cases cited1 opinion

  1. Bunnell v. Rio Grande Western Railway Co.Utah Supreme Court · 1896

3Cited by5 opinions

  1. Alexiou v. NockasWashington Supreme Court · 1933
  2. Chicago, Burlington & Quincy Railway v. CookWyoming Supreme Court · 1909
  3. Wilson Bros. v. BushWest Virginia Supreme Court · 1911
  4. Bruno v. GrandeArizona Supreme Court · 1926
  5. J. J. Mayou Manufacturing Co. v. Consumers Oil & Refining Co.Wyoming Supreme Court · 1944

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