Sturgeon v. Tacoma Eastern Railroad
Washington Supreme Court
Appeal from a judgment of the superior court for Pierce ■county, Clifford, J., entered April 18, 1907, granting a non-suit at the close of plaintiff’s case, in an action for personal injuries sustained by a brakeman while boarding a moving 'train.
1Opinion of the CourtRudkin, J.
On, and for some time prior to, the 27th day of January, 1906, the plaintiff ivas in the employ of the defendant as a brakeman on one of its logging trains. Between the hours of 4 and 6 o’clock of the morning of the above date, the train on which the plaintiff was employed stopped at Nelson’s Siding, on the line of the defendant’s road, to take up some empty cars on a side track. There was a flatcar partly loaded with wood in front of the empties which the train was about to pick up, and in order to reach the empties the engine was backed up and attached to this wood car. The wood car was…
2Cases cited7 opinions
- Babcock Bros. Lumber Co. v. JohnsonSupreme Court of Georgia · 1904
- Matchett v. Cincinnati, Wabash & Michigan Railway Co.Indiana Supreme Court · 1892
- Prosser v. Montana Central RailroadMontana Supreme Court · 1895
- Strong v. Iowa Central Railway Co.Supreme Court of Iowa · 1895
- Dunn v. New York, N. H. & H. R. Co.Court of Appeals for the Second Circuit · 1901
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3Cited by2 opinions
- Jackson v. Danaher Lumber Co.Washington Supreme Court · 1909
- Northern Pac. Ry. Co. v. SchoefflerCourt of Appeals for the Ninth Circuit · 1912