Legal Opinion

Schmidt v. Great Northern Railroad

Court of Appeals of Washington

Decided June 5, 1972No. 1039-1Published

1Opinion of the CourtHorowitz, C.J.

Plaintiff sued his employer for damages suffered when he fell from a locomotive on which he was working. The jury found for the defendant. Plaintiff appeals from the judgment entered on the verdict.

The question involved is whether a jury instruction and an answer to a question by the jury wrongfully., injected *41the issue of negligence and contributory negligence in a strict liability case brought under the Federal Boiler Inspection Act, 45 U.S.C. § 22 et seq. Plaintiff claims the jury was erroneously misled into believing that a verdict for plaintiff depended on whether defendant negligently…

2Cases cited7 opinions

  1. Lilly v. Grand Trunk Western RailroadSupreme Court of the United States · 1943
  2. Hallada v. Great Northern RailwaySupreme Court of Minnesota · 1955
  3. State v. MaynerCourt of Appeals of Washington · 1971
  4. Miller v. GULF. MOBILE & OHIO RAILROAD COMPANYSupreme Court of Missouri · 1964
  5. Robison v. Chicago & Eastern Illinois Railway Co.Supreme Court of Missouri · 1933

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