Fogarty v. Northern Pacific Railway Co.
Washington Supreme Court
Appeal from a judgment of the superior court for Yakima county, Grady, J., entered October 3, 1912, upon the verdict of a jury rendered in favor of the plaintiff, in an action in tort.
1Opinion of the CourtMorris, J.
— This action was brought under the Federal employers’ liability act on behalf of the widow and minor child to recover damages for the death of Frank E. Myers, caused by the derailment of an engine' upon which the deceased was working as fireman.
The negligence charged was in failing to cause a switch to be properly set and closed, and maintaining it in an open and defective condition.
Several defenses were pleaded, none of which need be referred to except two. The first of these is contributory negligence. All that need be said in regard to this charge is that, under section 3 of the act,…
2Cited by9 opinions
- Canavin v. Pacific Southwest AirlinesCalifornia Court of Appeal · 1983
- Louisville & Nashville Railroad v. Jolly's AdministratrixCourt of Appeals of Kentucky (pre-1976) · 1930
- Castner v. Tacoma Gas & Fuel Co.Washington Supreme Court · 1923
- Gilliam v. Southern Ry. Co.Supreme Court of South Carolina · 1917
- Fogarty v. Northern Pacific Railway Co.Washington Supreme Court · 1915
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