Legal Opinion · Dissent

Allen v. Northern Pacific Railway Co.

Washington Supreme Court

Decided June 21, 1904No. 4770Published

Appeal from an order of the superior court for King •county, Albertson, J., entered April 14, 1903, after a trial on the merits, setting aside the verdict of a jury rendered in favor of the plaintiff, and granting a new trial.

1DissentHadley, J.

(dissenting). — I dissent from the conclusion reached by the majority of the court in this case.

Briefly stated, testimony as to the following facts appears in the record. The appellant was a passenger upon one of respondent’s trains, making the trip from Portland, Oregon, to Seattle, Washington. The trains of respondent between Portland and Seattle are transferred across the Columbia river upon a large ferry boat. Coming from Portland this boat starts at Goble, on the Oregon side of the river, and lands at Kalama, on the Washington side. Three sets of tracks are arranged upon the boat and, by…

2Cases cited6 opinions

  1. Richmond & Danville Railroad v. PowersSupreme Court of the United States · 1893
  2. North Chicago Street Railroad v. WilliamsIllinois Supreme Court · 1892
  3. Lane v. Spokane Falls & Northern Railway Co.Washington Supreme Court · 1899
  4. Blakney v. Seattle Electric Co.Washington Supreme Court · 1902
  5. Anderson v. City Railway Co.Oregon Supreme Court · 1903

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