Legal Opinion

Tacoma Lumber & Manufacturing Co. v. City of Tacoma

Washington Supreme Court

Decided January 23, 1890No. 592PublishedCited by 11 opinions

Error to District Court, Pierce County. The southern end of Pacific avenue, in the city of Tacoma, for a distance of about one-fourth of a mile, had been opened as a narrow road through standing timber.. The land adjoining was the property of the Tacoma Land Company, who gave appellant the privilege of cutting the timber thereon, and taking the logs. The trees had been cut by appellant about the month of February, 1887, and allowed to remain where they fell all summer.

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Error to District Court, Pierce County. The southern end of Pacific avenue, in the city of Tacoma, for a distance of about one-fourth of a mile, had been opened as a narrow road through standing timber.. The land adjoining was the property of the Tacoma Land Company, who gave appellant the privilege of cutting the timber thereon, and taking the logs. The trees had been cut by appellant about the month of February, 1887, and allowed to remain where they fell all summer. About the month of August, 1887, the city of Tacoma ordered said narrow road in Pacific avenue to be opened to a width of…

1Opinion of the Court

The opinion of the court was delivered by

Hoít, J.

Plaintiff in error sued the defendant in error to recover the sum of seven hundred dollars as damages for burning of saw logs alleged to have been caused by the negligence of defendant in kindling fires, in the opening of Pacific avenue, a street in the city of Tacoma.

Issues were joined, trial had, and verdict and judgment for defendant.

- The court instructed the jury upon the subject of contributory negligence by plaintiff, and the only question presented by the record and argued here is as to the propriety of such instructions.

The only…

2Cited by11 opinions

  1. North Bend Lumber Co. v. City of SeattleWashington Supreme Court · 1921
  2. Boyd v. StoneMassachusetts Supreme Judicial Court · 1814
  3. Box v. KelsoWashington Supreme Court · 1892
  4. Carter v. NolandSupreme Court of Virginia · 1890
  5. Burtch v. HoggeMichigan Court of Chancery · 1839

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