Legal Opinion

Wick v. Tacoma Eastern Railroad

Washington Supreme Court

Decided October 20, 1905No. 5748PublishedCited by 4 opinions

Appeal from a judgment of the superior court for Pierce county, Snell, J., entered March 7, 1905, upon the verdict of a jury rendered in favor of the plaintiff, after a trial on the merits, in an action to recover damages for property destroyed by fire started by defendant’s locomotive.

1Opinion of the CourtRudkin, J.

This action was brought to recover damages for the destruction of personal property by fire. The complaint contained the following allegations of negligence on the part of the defendant: Eegligence in failing to provide proper spark arresters for its locomotives; negligence in suffering combustible material to accumulate on its right of way; and negligence in suffering fire to spread from its right of way to the adjoining lands of plaintiff, whereby his property was destroyed. Erom a judgment in favor of the plaintiff, the defendant has appealed.

*411The first assignment of error is that the…

2Cited by4 opinions

  1. Florida East Coast Railway Co. v. WelchSupreme Court of Florida · 1907
  2. State ex rel. Baker River & Shuiksan Railroad v. NicholsWashington Supreme Court · 1909
  3. Northwestern Mutual Fire Ass'n v. Northern Pacific Railway Co.Washington Supreme Court · 1912
  4. McCann v. Chicago, Milwaukee & Puget Sound Railway Co.Washington Supreme Court · 1916

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