Lamphere v. Oregon R. & Nav. Co.
Court of Appeals for the Ninth Circuit
In Error to the Circuit Court of the United States for the Eastern Division of the Eastern District of Washington. Action at law by P. I,. Ramphere, as administrator of the estate of C. Roy Ramphere, deceased, and as the personal representative of said deceased, against the Oregon Railroad & Navigation Company and the Oregon-Washington Railroad &• Navigation Company. Judgment for defendants, and plaintiff brings error.
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In Error to the Circuit Court of the United States for the Eastern Division of the Eastern District of Washington. Action at law by P. I,. Ramphere, as administrator of the estate of C. Roy Ramphere, deceased, and as the personal representative of said deceased, against the Oregon Railroad & Navigation Company and the Oregon-Washington Railroad &• Navigation Company. Judgment for defendants, and plaintiff brings error. The writ of error in this case brings under review the judgment of the court below, sustaining a demurrer to the complaint of the plaintiff in error. The action was brought by…
1Opinion of the Court
G1RBERT, Circuit Judge
(after stating the facts as above). It is conceded that the negligence which caused the death of the plaintiff in error’s intestate was negligence of the latter’s fellow servants, but it is contended that the complaint states a cause of action in that the allegations thereof bring the case within the provisions of Employer’s Riability Act April 22, 1908, c. 149, 35 Stat. 65 (U. S. Comp. St. Supp. 1911, p. 1322).
There are decisions which hold that an employe of a railroad company while going to and from his work is not engaged in the service of his employer, and is not…
2Cases cited10 opinions
- Mondou v. New York, New Haven & Hartford RailroadSupreme Court of the United States · 1912
- Zikos v. Oregon R. & Navigation Co.U.S. Circuit Court for the District of Eastern Washington · 1910
- Central R. of New Jersey v. ColasurdoCourt of Appeals for the Second Circuit · 1911
- Ewald v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1888
- Colasurdo v. Central R. R. of New JerseyU.S. Circuit Court for the District of Southern New York · 1910
5 more not listed; retrieve them via the Exa API.
3Cited by46 opinions
- Horton v. Oregon-Washington Railroad & Navigation Co.Washington Supreme Court · 1913
- Law v. Illinois Cent. R.Court of Appeals for the Sixth Circuit · 1913
- Louisville & Nashville Railroad v. Jolly's AdministratrixCourt of Appeals of Kentucky (pre-1976) · 1930
- Wabash Ry. Co. v. BridalCourt of Appeals for the Eighth Circuit · 1938
- San Pedro, L. A. & S. L. R. v. DavideCourt of Appeals for the Ninth Circuit · 1914
41 more not listed; retrieve them via the Exa API.