City of Seattle v. Northern Pacific Railway Co.
Washington Supreme Court
Appeal from a judgment of the superior court for King county, Tallman, J., entered September 28, 1909, upon findings in favor of the plaintiff, after a trial on the merits before the court without a jury, in an action on a contract of indemnity.
1Opinion of the CourtGose, J.
There was a former appeal in this case. See Seattle v. Northern Pac. R. Co., 47 Wash. 552, 92 Pac. 411. The case has since been retried, and the defendant, Northern Pacific Railway Company, has appealed from a judgment entered against it. The facts pertinent to the present inquiry are as follows: On the 11th day of September, 1900, Edwin Esldldsen, a boy about four years of age, got his foot caught in an opening in the planking on Railroad avenue on the track of the appellant, and while so held was injured by one of the appellant’s moving cars. On September 19, he commenced a suit, through…
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