Murphy v. Schwartz

This is an appeal from a judgment dismissing an action for damages resulting from the negligence of the driver of a taxicab, who injured appellant Leo Murphy, while he was engaged as a track oiler in the employ of the city of Seattle on its munic ipal street ear system. He was injured while engaged at his work at the intersection of Madison and Post streets in that city. The nonsuit was granted on the ground that he was on the plant of his employer at the time he wa,s injured, and therefore had no right of election to sue the negligent third parties who caused the injuries, hut must seek…