Boyle v. Great Northern Railway Co.

Citations

• 13 Wash. 383
• 43 P. 344
• 1896 Wash. LEXIS 56

Syllabus

<p>APPEAL—SERVICE OP STATEMENT—ACTION AGAINST RAILROAD POR PERSONAL INJURIES—PLEADING—REPLY TO PLEA IN ABATEMENT—JUDICIAL NOTICE—RAILWAYS AS COMMON CARRIERS.</p> <p>Service of a copy of a proposed statement of facts cannot be properly made, under the appeal act of this state until after the original statement has been filed in the cause.</p> <p>In an action against a railway company for personal injuries, an averment in the complaint that a certain firm were constructing a portion of its road bed,'when taken in connection with the further allegation that plaintiff was working for said firm as a common laborer, is sufficient to show that the firm were independent contractors of the railway company.</p> <p>Courts will take judicial notice that railway companies are common carriers, for the reason that the law makes them such.</p> <p>That there was an agreement between a railway company and contractors engaged in constructing its road bed, to transport the latter’s employees, is sufficiently shown by an allegation in the complaint, that there was an “arrangement” between them to that effect when it is clear from the other allegations of the complaint that the word was used in the sense of an agreement or contract</p> <p>Where a plea of another action pending has been» interposed, a reply that, subsequent to the filing of the plea, the suit whose pendency was alleged had been dismissed, is good against demurrer.</p>