Howe v. Northern Pacific Railway Co.

Citations

• 30 Wash. 569
• 60 L.R.A. 949
• 70 P. 1100
• 1902 Wash. LEXIS 724

Syllabus

<p>REMOVAL OF CAUSE-SEASONABLENESS OF APPLICATION.</p> <p>Where the resident defendants to an action are dismissed from the case, only at the close of the introduction of testimony and in opposition to plaintiff’s contention, an application at that time by the remaining non-resident defendant for removal of the cause to the federal court is not seasonably made.</p> <p>MASTER AND SERVANT-TORTS OF SERVANT-JOINT LIABILITY.</p> <p>An action for tortious negligence may be maintained against the master and his employee jointly, where the injury was caused by the act of the latter (Doremus v. Root, 23 Wash. 710, distinguished).</p> <p>SAME-FELLOW SERVANTS-FIREMEN AND CONDUCTORS.</p> <p>The fireman and conductor on a train are not fellow servants, but the conductor stands as a vice-principal, for whose negligence the railway company is liable, where injury results therefrom to the fireman. •</p> <p>SAME-CONCUBEING NEGLIGENCE.</p> <p>Where the negligence of the master contributes to the injury of a servant, the master is liable, though the negligence of a fellow servant may be contributory.</p>