Kalivas v. Northern Pacific Railway Co.
Washington Supreme Court
Appeal from a judgment of the superior court for Spokane county, Kennan, J., entered December 24, 1915, upon granting a nonsuit, dismissing an action for personal injuries sustained by a section hand through the derailment of a hand car.
1Opinion of the CourtMount, J.
— Action for personal injuries. The case was tried to the court without a jury. At the conclusion of the plaintiff’s evidence, and upon defendant’s challenge to the sufficiency thereof, the trial court found that the defendant had not been guilty of negligence, that the plaintiff had assumed the risk, and for those reasons dismissed the case. The plaintiff has appealed.
It appears that, on August 5, 1915, the appellant was in the employ of the Northern Pacific Railway Company as a section hand. Part of his duties were to inspect the tracks upon the section and to keep the lights and the…
2Cases cited3 opinions
- Lambuth v. Stetson & Post, Mill Co.Washington Supreme Court · 1896
- Gosline v. DryfoosWashington Supreme Court · 1907
- Jim v. Chicago, Milwaukee & St. Paul Railway Co.Washington Supreme Court · 1916
3Cited by4 opinions
- Weaver v. WindustWashington Supreme Court · 1938
- Blair v. McKinnonWashington Supreme Court · 1952
- Schatter v. BergenWashington Supreme Court · 1936
- Risk v. Pere Marquette Railway Co.Michigan Supreme Court · 1928