Winfree v. Northern Pac. Ry. Co.
Court of Appeals for the Ninth Circuit
In Error to the Circuit Court of the United States for the Eastern Division of the Eastern District of Washington. Action by William H. Winfree, as administrator of the estate of Albert E. Phipps, against the Northern Pacific Railway Company. A demurrer was sustained to plaintiff’s complaint (164 Fed. 698), and he brings error.
1Opinion of the Court
GILBERT, Circuit Judge.
The plaintiff in error, as administrator of the estate of Albert E. Phipps, deceased, brought an action to recover damages from defendant in error, and in his complaint alleged that the said Albert E. Phipps, a minor of the age of 18 years and 5 months, while acting as a fireman upon a freight locomotive of the defendant in error in the state of Washington, met his death through the negligence of his employer; that the defendant in error was engaged in interstate commerce; that the decedent had not been emancipated, nor had his parents any knowledge of his employment;…
2Cases cited4 opinions
- Twenty Per Cent. CasesSupreme Court of the United States · 1874
- Noble v. City of SeattleWashington Supreme Court · 1898
- Atrops v. CostelloWashington Supreme Court · 1894
- Manning v. Tacoma Railway & Power Co.Washington Supreme Court · 1904
3Cited by10 opinions
- United States Ex Rel. LaValley v. First National Bank of BostonDistrict Court, D. Massachusetts · 1988
- Hammack v. Monroe Street Lumber Co.Washington Supreme Court · 1959
- United States v. United Shoe Machinery Co.District Court, E.D. Missouri · 1920
- Hughes v. Alaska S. S. Co.District Court, W.D. Washington · 1923
- Lindsay v. Chicago, R. I. & P. Ry. Co.Supreme Court of Oklahoma · 1916
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