Great Northern Ry. Co. v. McLaughlin
Court of Appeals for the Ninth Circuit
In Error to the Circuit Court of the United States for the Eastern Division of the District of Washington. Tliis is an action at law to recover damages for personal injuries received by McLaughlin, the defendant in error, .while in the employ of the railway conrpany, plaintiff in error. The action was commenced in the state court, and thereafter removed, on motion of the railway company, to the United States circuit court.
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In Error to the Circuit Court of the United States for the Eastern Division of the District of Washington. Tliis is an action at law to recover damages for personal injuries received by McLaughlin, the defendant in error, .while in the employ of the railway conrpany, plaintiff in error. The action was commenced in the state court, and thereafter removed, on motion of the railway company, to the United States circuit court. The complaint alleges, in substance, that McLaughlin, 0⅞ the 5th of November, 1892, was in the employ of the railway company, engaged in loading steel rails in the material…
1Opinion of the CourtHawley, District Judge
(after stating tlie facts). 1. It is contended that the complaint does not state facts sufficient to constitute a cause of action. This contention, in our opinion, is not well taken. It does not affirmatively appear from the allegations of the complaint that the injury of which McLaughlin complains was caused by the negligence of his fellow servants. The complaint avers that the injury was caused by the gross negligence of the railway company in the selection and use of improper skids by its superintendent and agent in loading steel rails upon its cars. It. is subject to criticism, and is,…
2Cases cited19 opinions
- Railway Co. v. McCarthySupreme Court of the United States · 1878
- Indianapolis & St. Louis Railroad v. HorstSupreme Court of the United States · 1876
- Washington & Georgetown Railroad v. McDadeSupreme Court of the United States · 1890
- Gardner v. Michigan Central RailroadSupreme Court of the United States · 1893
- Richmond & Danville Railroad v. PowersSupreme Court of the United States · 1893
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3Cited by12 opinions
- Later v. HaywoodIdaho Supreme Court · 1906
- Nord v. Boston & Montana Consolidated Copper & Silver Mining Co.Montana Supreme Court · 1904
- Cain v. Gold Mountain Mining Co.Montana Supreme Court · 1903
- Yerkes v. Northern Pacific Railway Co.Wisconsin Supreme Court · 1901
- Geldard v. MarshallOregon Supreme Court · 1905
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