Legal Opinion · Dissent

Carlson v. Mock

Washington Supreme Court

Decided November 20, 1918No. 14749Published

Appeal from a judgment of the superior court for King county, Smith, J., entered September 14, 1917, upon granting a nonsuit, dismissing an action for personal injuries sustained by a street railway employee struck by an automobile.

1DissentHolcomb, J.

(dissenting) — The majority having sustained the Department opinion herein,, and there having been heretofore no' opportunity for me to express my views upon the original opinion, I avail myself of the present opportunity so to do.

I disagree with the prevailing opinion, especially upon the restricted definition of the “plant” of a street railway system. The definition pronounced is too limited and its importance is far reaching.

Cable or electric street railways were expressly brought within the terms of the act as extra-hazardous occupations, and “all employees of street railways” were…

2Cases cited5 opinions

  1. Brown v. GeraldSupreme Judicial Court of Maine · 1905
  2. Wood v. United States Fidelity & Guaranty Co.District Court, D. Massachusetts · 1905
  3. Scott Supply & Tool Co. v. RobertsSupreme Court of Colorado · 1908
  4. In re the Appraisal under the Transfer Tax Acts of the Property of AbrahamAppellate Division of the Supreme Court of the State of New York · 1912
  5. McKeon v. Proctor & Gamble Manufacturing Co.New York Supreme Court · 1912

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