Aldread v. Northern Pacific Railway Co.

Citations

• 93 Wash. 209
• 160 P. 429
• 1916 Wash. LEXIS 1181

Syllabus

<p>Commerce — “Interstate Commerce” — What Constitutes. The initial movement of a refrigerator ear for icing incident to its loading and billing to a point outside the state is a service rendered in the movement of interstate commerce within the Federal employers’ liability act.</p> <p>Master and Servant — 1Injury to Servant — Negligence—Federal Liability Act — Safety Appliance Act. Where an accident in interstate commerce occurred through the master’s negligence, the Federal employers’ liability act defines the rights of the employee and the rights of the parties depend upon it and not upon the safety appliance act.</p> <p>Same — Injury to Servant — Actions — Issues and Proof — Negligence. Upon an issue as to whether cars were in a train movement without having the air coupled as required by the safety appliance act, the absence of markers required on the rear of trains does not tend to show that it was a train movement.</p> <p>Same. Upon an allegation of negligence in releasing the air brakes on a switch engine after it had come to a stop, whereupon the momentum of the cars shoved the engine onto the plaintiff, it is inadmissible to prove a rule requiring all trains to carry markers or green flags and that flags were not displayed, since that was an independent act of negligence which in no way contributed to the injury.</p> <p>Same. Upon- an issue as to whether cars were in a train movement without having the air coupled as required in the safety appliance act, it is inadmissible to prove that the company issued a train bulletin for another division after the accident requiring cars moved between certain points in such other division to be coupled with air.</p> <p>Same. Upon such issue it is inadmissible to prove a rule requiring “train pipes to be connected,” the fact being admitted that the pipes were not connected.</p> <p>Same — Issues and Proof — Opinions—Rebuttal. Upon an allegation of negligence in releasing the air brakes on a switch engine after it had co