Northern Pac. Ry. Co. v. Schoeffler
Court of Appeals for the Ninth Circuit
In Error to the Circuit Court of the United States for the Western Division of the Western District of Washington. Action by Emil R. Schoeffler against the Northern Pacific Railway Company. Judgment for plaintiff, and defendant brings error. The plaintiff in error at its shops in" Tacoma had six tracks which were used exclusively for the purpose of repairing cars. The tracks all turned off from a track called the “house track.”
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In Error to the Circuit Court of the United States for the Western Division of the Western District of Washington. Action by Emil R. Schoeffler against the Northern Pacific Railway Company. Judgment for plaintiff, and defendant brings error. The plaintiff in error at its shops in" Tacoma had six tracks which were used exclusively for the purpose of repairing cars. The tracks all turned off from a track called the “house track.” The switches for each track were provided with locks, the keys of which were carried by the foreman and the assistant foreman of the repair work. Tracks 1 and 2 were…
1Opinion of the CourtGirbert, Circuit Judge
(after stating the facts as above). The case is presented in this court on the assignment of error that the trial court denied the motion of the plaintiff in error for an instructed verdict. It is said that the motion should have been sustained on three grounds: That the plaintiff in error was not negligent; that the defendant in error assumed the risk of his employment; and that he was guilty of contributory negligence.
[1-3] It was the duty of the plaintiff in error to furnish the defendant in error a safe place in which to work, and to keep it reasonably safe during the progress of the…
2Cases cited7 opinions
- Hough v. Railway Co.Supreme Court of the United States · 1880
- Baltimore & Ohio Railroad v. BaughSupreme Court of the United States · 1893
- New England Railroad v. ConroySupreme Court of the United States · 1899
- Harvey v. Texas & P. Ry. Co.Court of Appeals for the Fifth Circuit · 1909
- Well v. Moran Bros.Washington Supreme Court · 1909
2 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Mitchell v. Toledo, St. L. & W. R.Court of Appeals for the Sixth Circuit · 1912
- Coca-Cola Co. v. WilliamsTexas Commission of Appeals · 1919