Wild v. Oregon Short Line, etc., Ry. Co.

This is an action to recover damages for personal injuries, alleged to have been sustained by the plaintiff while in the employ of the defendant. The defense was that the injury was caused by the negligence of a co-servant, and contributory negligence.

While there are some minor questions to which we shall *161subsequently advert, the two controlling questions presented are: (1) that the complaint fails to state a cause of action, and (2) that the evidence fails to disclose any negligence for which the defendant is responsible. Both of these objections were taken by instructions, and the latter,…