Jongeward v. BNSF Ry.

This case required the Supreme Court to construe the former RCW 64.12.030, the "timber trespass statute." Plaintiffs Jacon and Laura Jongeward, and Gordon and Jeannie Jongeward asserted a timber trespass claim against defendant BNSF Railway Company when a fire spread from BNSF's property and destroyed the Jongewards' trees. The district court certified the question to the Washington Supreme Court. To answer, the Court outlined the 142 year history of the statute, and concluded after its review of the history, that: (1) a plaintiff cannot recover damages under the timber trespass statute when a defendant commits an indirect act or omission that causes mere collateral injury; but (2) a plaintiff may recover damages when a defendant commits a direct trespass causing immediate injury to a plaintiff's trees, even if the defendant is not physically present on the plaintiff's property. View "Jongeward v. BNSF Ry." on Justia Law