Berry v. Spokane, Portland & Seattle Ry. Co.

YANKWICH, District Judge.

The defendant’s motion for summary judgment heretofore submitted is allowed.

A study of the pre-trial order, of the deposition of the plaintiff, and the exhibits introduced at the pre-trial leads to the conclusion that the relationship of employer and employee did not exist between plaintiff and the defendant. The injuries complained of by the plaintiff were sustained by him while he was in the employ of another whose relation to the defendant was that of an independent contractor. (See defendant’s pre-trial exhibit 6 and paragraphs 3-7 of pre-trial order). In this…