Meese v. Northern Pac. Ry. Co.
Court of Appeals for the Ninth Circuit
In Error to the District Court of' the United States for the Southern Division of the Western District of Washington; Edward E. Cushman, Judge. Action by Mary A. Meese and others against the Northern Pacific Railway Company to -recover for the alleged wrongful death of Benjamin Meese. From an order sustaining a demurrer to the complaint and dismissing the action (206 Fed. 222), plaintiffs bring error.
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In Error to the District Court of' the United States for the Southern Division of the Western District of Washington; Edward E. Cushman, Judge. Action by Mary A. Meese and others against the Northern Pacific Railway Company to -recover for the alleged wrongful death of Benjamin Meese. From an order sustaining a demurrer to the complaint and dismissing the action (206 Fed. 222), plaintiffs bring error. The plaintiffs, the wife and children of Benjamin Meese, deceased, citizens of the state of Washington, filed their complaint in the court below against the defendant, Northern Pacific Railway…
1Opinion of the CourtMorrow, Circuit Judge
(after stating the facts as above). 1. The question on this appeal arises out of an act of the Legislature of the state of Washington, approved March 14, 1911, known as and designated the “Workmen’s Compensation Act” (chapter 74, Session Laws of the state of Washington, p. 345), relating to the compensation of workmen in extrahazardous employments in that state. The constitutionality of the act is not attacked by either -party, and the fact that the death of the decedent was due to the wrongful act and negligence of the railway company is not denied by that company. But the position taken by…
2Cases cited4 opinions
- Peet v. MillsWashington Supreme Court · 1913
- Diana Shooting Club v. LamoreuxWisconsin Supreme Court · 1902
- Kelley v. City of MadisonWisconsin Supreme Court · 1878
- McGaffin v. . City of CohoesNew York Court of Appeals · 1878
3Cited by15 opinions
- O'Brien v. Chicago City Railway Co.Illinois Supreme Court · 1922
- Moeser v. ShunkSupreme Court of Kansas · 1924
- Commonwealth v. BloombergMassachusetts Supreme Judicial Court · 1939
- Wright-Bachman, Inc. v. HODNETTIndiana Supreme Court · 1956
- Erickson v. EricksonOregon Supreme Court · 1941
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