Diblasio v. Hunter

—The city of Seattle is the owner of the street railway system in that city. The plaintiff was one of its employees, engaged in repairing its street car tracks on First avenue near Union street. He was standing just outside of, hut very close to, the tracks when he was struck by the defendant’s automobile and injured. The defendant has appealed from a judgment in favor of the plaintiff.

The first and probably the most important question is: May respondent maintain this action against the person who injured him, or must he obtain redress only from the fund created by the state workmen’s…