Swanson v. Oregon-Washington Railroad & Navigation Co.
Washington Supreme Court
Appeal from a judgment of the superior court for Spokane county, Darch, J., entered September 15, 1915, dismissing an action for personal injuries sustained by a railroad laborer, upon granting a nonsuit.
1Opinion of the Court
Chadwick, J.-
Action to recover for personal injuries. Motion ■ for nonsuit by defendant was granted by the trial court at the close of the submission of plaintiff’s evidence. We find no error in this judgment.
Whether appellant’s action was properly brought under the Federal employers’ liability act, it is unnecessary to determine. No violation of any statute enacted for the safety of employees being alleged, the defense of assumption of risk is a bar whether the action falls within or without the statute. Federal Employers’ Liability Act, § 4*.
Appellant was one of a crew of seven men who were…
2Cases cited7 opinions
- Brown v. Tabor Mill Co.Washington Supreme Court · 1900
- Deaton v. AbramsWashington Supreme Court · 1910
- Sainis v. Northern Pacific Railway Co.Washington Supreme Court · 1915
- Waterman v. Skokomish Timber Co.Washington Supreme Court · 1911
- Props v. Washington Pulley & Manufacturing Co.Washington Supreme Court · 1910
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3Cited by4 opinions
- McGinn v. North Coast Stevedoring Co.Washington Supreme Court · 1928
- Scudero v. Todd Shipyards Corp.Washington Supreme Court · 1963
- Cules v. Northern Pacific Railway Co.Washington Supreme Court · 1919
- Gessner v. RamwellWashington Supreme Court · 1926