Legal Opinion

Fogarty v. Northern Pacific Railway Co.

Washington Supreme Court

Decided April 13, 1915No. 12433PublishedCited by 15 opinions

Appeal from a judgment of the superior court for Yakima county, Grady, J., entered June 17, 1914, upon the verdict of a jury rendered in favor of the plaintiff, in an action in tort.

1Opinion of the CourtEllis, J.

This is an action on behalf of the widow and minor child of Frank Edward Myers to recover damages for his death caused by the derailment of an engine hauling an interstate passenger train of the defendant upon which he was working as fireman. It is predicated upon the Federal employers’ liability act. The case is here for the second time on appeal. The first trial resulted in a verdict in a lump sum for $20,000, which the trial court reduced to $12,500. The judgment was reversed for failure to segregate the damages accruing to each beneficiary and for an inadequate instruction as to the…

2Cases cited11 opinions

  1. Michigan Central Railroad v. VreelandSupreme Court of the United States · 1913
  2. Gulf, Colorado & Santa Fe Railway Co. v. McGinnisSupreme Court of the United States · 1913
  3. American Railroad Co. of Porto Rico v. DidricksenSupreme Court of the United States · 1913
  4. Johnson v. JohnsonWashington Supreme Court · 1915
  5. Wood v. Philadelphia, Baltimore & Washington Railroad Co.Superior Court of Delaware · 1910

6 more not listed; retrieve them via the Exa API.

3Cited by15 opinions

  1. State v. O'CONNELLWashington Supreme Court · 1974
  2. The Erie Lighter 108District Court, D. New Jersey · 1918
  3. Gulf Refining Co. v. FrazierCourt of Appeals of Tennessee · 1932
  4. Dow v. Carnegie-Illinois Steel CorporationCourt of Appeals for the Third Circuit · 1948
  5. Buob v. Feenaughty MacHinery Co.Washington Supreme Court · 1940

10 more not listed; retrieve them via the Exa API.

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