Legal Opinion

Port Blakely Mill Co. v. Garrett

Court of Appeals for the Ninth Circuit

Decided October 2, 1899No. 532PublishedCited by 5 opinions

In Error to the Circuit Court of the United States for the Northern Division of the District of Washington. This was an action brought by the widow and two minor children of Hugh Garrett against the Port Blakely Mill Company, under the Code of Procedure of the State of Washington, to recover damages for the death of the said Hugh Garrett.

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In Error to the Circuit Court of the United States for the Northern Division of the District of Washington. This was an action brought by the widow and two minor children of Hugh Garrett against the Port Blakely Mill Company, under the Code of Procedure of the State of Washington, to recover damages for the death of the said Hugh Garrett. The decedent, just prior to his death, was employed by the Port Blakely Mill Company, plaintitf in error, as a brakeman on its line of railroad In Mason county, in the state of Washington. This railroad extended from tide water, at or near a place known as…

1Opinion of the CourtMorrow, Circuit Judge

The assignments of error, eight in number, relate to instructions given to the jury to which exceptions were taken by the plaintiff in error, and instructions to the jury requested by the plaintiff in error which the court refused to give. These several assignments of error involve but a single question, which is sufficiently contained in the following instruction that the court gave to the jury, and which plaintiff in error contends was erroneous:

“It was the duty of the defendant in this case to inspect all the cars in that train, including this car upon which the lumber was loaded, and see,…

2Cases cited6 opinions

  1. Hough v. Railway Co.Supreme Court of the United States · 1880
  2. Northern Pacific Railroad v. HerbertSupreme Court of the United States · 1886
  3. Baltimore & Ohio Railroad v. BaughSupreme Court of the United States · 1893
  4. Northern Pacific Railroad v. PetersonSupreme Court of the United States · 1896
  5. Union Pacific Railway Co. v. DanielsSupreme Court of the United States · 1894

1 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. Pitman v. Yazoo & M. v. R.Mississippi Supreme Court · 1935
  2. Boland v. Great Northern Ry. Co.Court of Appeals for the Ninth Circuit · 1913
  3. Lane Bros. v. CouchCourt of Appeals for the Sixth Circuit · 1912
  4. Sundin v. Edward Rutledge Timber Co.Court of Appeals for the Ninth Circuit · 1918
  5. Henson v. Pascola Stave Co.Missouri Court of Appeals · 1910

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