Wilson v. Northern Pacific Railway Co.

*68The opinion of the court was delivered by

Mount, J.

— Action for personal injuries. The plaintiff was employed as a section man by the Northern Pacific Railway Company. He was in charge of defendant Ostrand, who was foreman of the “section gang.” It was the duty of the defendant Ostrand and the men under him to keep a section of the defendant’s railway track in repair. On the 27th day of Hebruary, 1901, there was danger of water washing out a portion of the railway track at a point west of Spokane along a high sand hill. At this point the railway was graded along the side of the hill, the grade…