Legal Opinion

Burke v. Northern Pacific Railway Co.

Washington Supreme Court

Decided June 25, 1914No. 11962PublishedCited by 4 opinions

Motion to dismiss an order of the superior court for Spokane county, Huneke, J., entered March 18, 1914, vacating a judgment and granting a new trial.

1Opinion of the CourtGose, J.

On the 10th day of August, 1909, a compromise judgment was entered in this action, in favor of the plaintiffs and against the defendant, for the sum of $1,000 damages, for the death of Edward Burke, the husband of the plaintiff Birdie Burke and the father of the minor plaintiffs, in consequence of the alleged negligence of the defendant, which judgment was later paid and satisfied of record. On the 18th day of March, 1914, upon the petition of the minor plaintiffs, by Joseph B. Stell, their guardian, the judgment was vacated as to the minors, on the ground of constructive fraud. The…

2Cases cited4 opinions

  1. Tatum v. GeistWashington Supreme Court · 1905
  2. Jones v. PaulWashington Supreme Court · 1909
  3. Wilson v. McGillivrayWashington Supreme Court · 1910
  4. Molloy v. Union Transfer, Moving & Storage Co.Washington Supreme Court · 1910

3Cited by4 opinions

  1. Burke v. Northern Pacific Railway Co.Washington Supreme Court · 1915
  2. State v. EplerCourt of Appeals of Washington · 1999
  3. State ex rel. Northern Pacific Railway Co. v. Superior CourtWashington Supreme Court · 1914
  4. Van Buren v. PetersonWashington Supreme Court · 1919

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API