Legal Opinion

Merrill v. John B. Stevens & Co.

Washington Supreme Court

Decided December 2, 1910No. 9007PublishedCited by 5 opinions

Appeal from a judgment of the superior court for Pierce county, Shackleford, J., entered February 10, 1910, upon the verdict of a jury rendered in favor of the plaintiff, in an action for personal injuries sustained by an employee while unloading a car of grain.

1Opinion of the CourtDunbar, J.

At the time of the injury to respondent, appellant was conducting a warehouse in Tacoma, which had a platform from three to four feet in height above the ground, extending to within a few feet of the railroad track of the Northern Pacific Railway Company; and at that time was unloading a carload of oats in bulk from the car, and putting it into the warehouse. When the grain was loaded into the cars, a false door was placed on the inside of the facing of the real door. In order to empty the car, a hole was cut in the false *29door, at or near the bottom of it. Through this hole the grain passed…

2Cases cited2 opinions

  1. Hall v. City of AustinSupreme Court of Minnesota · 1898
  2. Brown v. BarseAppellate Division of the Supreme Court of the State of New York · 1896

3Cited by5 opinions

  1. Neal v. Phoenix Lumber Co.Washington Supreme Court · 1911
  2. Callahan v. First State BankIdaho Supreme Court · 1929
  3. State v. RemickWashington Supreme Court · 1931
  4. Ripplinger v. RipplingerCourt of Appeals of Washington · 1973
  5. Swafford v. LevineWashington Supreme Court · 1919

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