278 P.3d 173
Wash.2012Background
- Broughton sued BNSF and Harsco in federal court alleging timber trespass damages.
- Fire started Sept. 20, 2007 along a railroad right-of-way after defendants’ joint grinding operations on BNSF tracks near Underwood, WA.
- Plaintiff owns 260 acres adjoining the railroad and fire spread to plaintiff’s trees; damages claimed on property.
- No defendant employee was physically on plaintiff’s land when the fire started or spread.
- Defendants admitted negligence in failing to prevent fire spread from the right-of-way to plaintiff’s property.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether timber trespass liability extends to fires spreading from another’s land | Broughton: failure to prevent spread fits timber trespass | BNSF/Harsco: plain text may encompass spread | No; only direct trespass with immediate injury |
| Plain meaning governs timber trespass statute when applying to indirect acts | Broughton relies on broad reading of 'otherwise injure' | Defendants rely on traditional direct-trespass reading | Strict construction; requires direct trespass with immediate injury |
| Whether the fire act affects timber trespass application | Fire act suggests separate remedy for fire damage | Fire act shows intent to limit damages | Fire act not dispositive; timber trespass may still apply in narrow direct-trespass context |
| Can a plaintiff recover treble damages under former RCW 64.12.030 for fire-damage trees if defendant did not trespass onto plaintiff’s land | Treble damages available under statute for timber trespass | Treble damages require direct trespass; omission causing collateral damage not enough | No; treble damages apply only to direct trespass causing immediate injury; collateral fire spread not compensable under timber trespass |
Key Cases Cited
- Birchler v. Castello Land Co., 133 Wash.2d 106 (1997) (timber trespass strict construction; direct trespass to trees)
- Guay v. Wash. Natural Gas Co., 62 Wash.2d 473 (1963) (describes timber trespass scope; direct injury to trees)
- Stenberg v. Pacific Power & Light Co., 104 Wash.2d 710 (1985) (discusses trespass and limitations; direct vs indirect stays)
- Tacoma Mill Co. v. Perry, 40 Wash. 44 (1905) (early direct trespass rule for timber damages)
- Gardner v. Lovegren, 27 Wash. 356 (1902) (timber trespass; direct entry to remove timber)
- Suter v. Wenatchee Water Power Co., 35 Wash. 1 (1904) (requires looking to common law for trespass meaning)
- Mullally v. Parks, 29 Wash.2d 899 (1948) (timber trespass; direct entry and destruction of trees)