Dean v. Oregon Railroad & Navigation Co.
Washington Supreme Court
Appeal from a judgment of the superior court for Spokane county, Richardson, J., entered May 18, 1904, upon the verdict of a jury rendered in favor of the plaintiff, in an action for damages for causing the death of a minor child, employed on a gravel train, and knocked off of a trestle by the starting of the train without warning.
1DissentCrow, J.
(dissenting)—I dissent from the opinion of the majority upon the motion to dismiss the appeal. The record shows that the notice of appeal was served July 13, 1904, that appellant’s opening brief was served September 20, 1904, and that the transcript was not certified, nor was the same filed with the clerk of the superior court, until after the expiration of ninety days, and after the motion to dismiss had been made by respondent. Section 2 of the act relative to appeals, Laws 1901, p. 29, provides that, within ninety days after an appeal shall have been taken, the clerk of the superior court…
2Cases cited4 opinions
- Ellis v. BardinWashington Supreme Court · 1904
- Raymond v. BalesWashington Supreme Court · 1901
- Chapin v. City of Port AngelesWashington Supreme Court · 1903
- Prescott v. Puget Sound Bridge & Dredging Co.Washington Supreme Court · 1902