Wintermute v. Oregon-Wash. R. & N. Co.
Oregon Supreme Court
From Baker: Gustav Anderson, Judge. In Bane. This is an action against the defendant railway corporation, engaged in interstate commerce, to recover damages for injuries alleged to have been suffered by the plaintiff, a' switching engineer in the employ of the defendant at Huntington.
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From Baker: Gustav Anderson, Judge. In Bane. This is an action against the defendant railway corporation, engaged in interstate commerce, to recover damages for injuries alleged to have been suffered by the plaintiff, a' switching engineer in the employ of the defendant at Huntington. At the time of the accident the plaintiff was about 40 years of age, and had been in the defendant’s employ some ten years in various capacities about its yards and roundhouses— as wiper, fireman, and latterly as a switch engineer. The mishap upon which the action is based occurred about 6:30 o’clock on the…
1Opinion of the CourtBurnett, C. J.
1, 2. Without dispute this action is brought under the federal Employers’ Liability Act of April 22, 1908 (Chapter 149, 35 U. S. Stat. 65). This act was amended April 5, 1910 (Chapter 143, 36 U. S. Stat. 291; U. S. Comp. Stats., §§ 8657-8665), but not in a way .affecting the present issue. By Section 3 of that statute, contributory negligence of the employee who brings action against his employer serves only to mitigate the damages in proportion to the amount of negligence attributable to the employee. Section 4 reads thus:
“That in any action brought against any common carrier under or by…
2Cases cited32 opinions
- Second Employers'liability CasesSupreme Court of the United States · 1912
- Seaboard Air Line Railway v. HortonSupreme Court of the United States · 1914
- Choctaw, Oklahoma & Gulf R. R. v. McDadeSupreme Court of the United States · 1903
- Gila Valley, Globe & Northern Railway Co. v. HallSupreme Court of the United States · 1914
- Galveston, Harrisburg & San Antonio Railway Co. v. WallaceSupreme Court of the United States · 1912
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3Cited by7 opinions
- Carmichael v. CarmichaelOregon Supreme Court · 1921
- Freeman v. Wentworth & Irwin, Inc.Oregon Supreme Court · 1932
- Whisler v. United States National BankOregon Supreme Court · 1938
- Engfors v. Nelson Steamship Co.Oregon Supreme Court · 1929
- Larson v. PapstOregon Supreme Court · 1955
2 more not listed; retrieve them via the Exa API.