Walsh v. Oregon Railway & Navigation Co.

By the Court,

Lord, J.:

This is an action brought by the plaintiff, Walsh, to recover damages for an injury alleged to have been caused by the negligence of the defendant. In the answer, negligence is denied by the defendant, and negligence of the plaintiff, which contributed to the injury, is averred. The evidence submitted by the defendant tended, substantially, to establish the following facts: That at the time of the injury, the plaintiff was in the employ of the defendant in the capacity of brakeman on one of its railroad trains running between Walla Walla and Wallula; that a short time…