Legal Opinion

Ball v. Northern Pacific Railway Co.

Washington Supreme Court

Decided June 22, 1918No. 14430PublishedCited by 1 opinion

Appeal from a judgment of the superior court for King county, Gilliam, J., entered May 5, 1917, upon the verdict of a jury rendered in favor of the plaintiff, in an action for wrongful death.

1Opinion of the CourtMackintosh, J.

The plaintiff sued under the provisions of the Federal employers’ liability act to recover damages resulting from the death of her husband while employed as head brakeman upon one of defendant’s freight trains. The complaint alleged that the defendant was negligent, due to (1) insufficient clearance in the bridge at which the deceased lost his life; (2) defects in the locomotive pulling the train; (3) negligence on the part of the engineer who was driving the engine at the time. For answer, the defendant denied any negligence, and alleged that the deceased assumed the risk. Upon these issues…

2Cases cited6 opinions

  1. Illick v. Flint & Pere Marquette RailroadMichigan Supreme Court · 1888
  2. Cleveland, Cincinnati, Chicago & St. Louis Railway Co. v. HaasIndiana Court of Appeals · 1905
  3. Sheeler's Adm'r v. C. & O. R. R.Supreme Court of Virginia · 1885
  4. Bryce v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Iowa · 1897
  5. Sainis v. Northern Pacific Railway Co.Washington Supreme Court · 1915

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3Cited by1 opinion

  1. McDougall v. Atchison, Topeka & Santa Fe Railway Co.Supreme Court of Kansas · 1920

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