Northern Pacific Railroad v. O'Brien
Washington Supreme Court
Error to District Court, Yakima County. Action by David O’Brien against the Northern Pacific Railroad Company for injuries sustained by the collision of defendant’s gravel train, which was in charge of O. C. Hulett, with a “ wild train.”
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Error to District Court, Yakima County. Action by David O’Brien against the Northern Pacific Railroad Company for injuries sustained by the collision of defendant’s gravel train, which was in charge of O. C. Hulett, with a “ wild train.” The complaint alleged “ that while plaintiff was being so conveyed to his work by the defendant, and about two and a half miles from said station of Cle-Elum, in said Kittitas county, a collision occurred on the said railroad, and between said work train, on which plaintiff was being so conveyed, and a locomotive and tender coming from an opposite direction,…
1Opinion of the Court
The opinion of the court was delivered by
Burke, C. J.
From the undisputed evidence in the record before us in this case, it appears that in April, 1887, David O’Brien,the defendant in error, was employed by the Northern Pacific Railroad Company, the plaintiff in error, as a common laborer in the work of “ surfacing ” its track between Cle-Elum and Martin, in Kittitas county, Wash. T. On the 21st of April, 1887, and for some days before that, this “ surface gang ” were engaged at work near a point on the Northern Pacific Railroad about six miles west of Cle-Elum, known as “ Nelson’s Siding.”…
2Cases cited9 opinions
- Hough v. Railway Co.Supreme Court of the United States · 1880
- Indianapolis & St. Louis Railroad v. HorstSupreme Court of the United States · 1876
- Northern Pacific Railroad v. HerbertSupreme Court of the United States · 1886
- Chicago, Milwaukee & St. Paul Railway Co. v. RossSupreme Court of the United States · 1884
- Railroad Co. v. GladmonSupreme Court of the United States · 1873
4 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Howe v. Northern Pacific Railway Co.Washington Supreme Court · 1902
- Cogswell v. West Street & North End Electric Railway Co.Washington Supreme Court · 1892
- Spurrier v. Front Street Cable Railway Co.Washington Supreme Court · 1892
- Union Pac. Ry. Co. v. NovakCourt of Appeals for the Ninth Circuit · 1894
- Norman v. City of BellinghamWashington Supreme Court · 1907
8 more not listed; retrieve them via the Exa API.