Imler v. Northern Pacific Railway Co.
Washington Supreme Court
Appeal from a judgment of the superior court for Thurs-ton county, Claypool, J., entered March 31, 1915, upon granting a nonsuit, dismissing an action for wrongful death, tried to the court and a jury.
1Opinion of the CourtChadwick, J.
Joseph Imler, while walking along the track of the defendant railway company on the evening of the fourth of November, 1912, was struck and killed by one of the defendant’s work trains. The place of the accident was between the stations of Centraba and Bucoda, where the company maintains a double-track railway which is fenced and guarded at all proper places with cattle guards.
Imler had been at work during the day at a farm about a mile and a half south of Bucoda, where he lived. He left the place of his employment about dusk and followed a road or footpath to the right of way of respondent…
2Cases cited16 opinions
- Railroad Company v. HoustonSupreme Court of the United States · 1878
- Schofield v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of the United States · 1885
- Elliott v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of the United States · 1893
- Northern Pacific Railroad v. FreemanSupreme Court of the United States · 1899
- Burg v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1894
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3Cited by5 opinions
- Quigley v. HinesSupreme Court of Missouri · 1921
- Smithwick v. Pacific Electric Railway Co.California Supreme Court · 1929
- Steggell v. Salt Lake & U. R.Utah Supreme Court · 1917
- Director General of Railroads v. Hubbard'sSupreme Court of Virginia · 1922
- Schommers v. Great Northern Railway Co.Washington Supreme Court · 1918