Lauer v. Northern Pacific Railway Co.

Citations

• 83 Wash. 465
• 145 P. 606
• 1915 Wash. LEXIS 717

Syllabus

<p>Master and Servant — Injury to Servant — Federal Employers’ Liability Act — Applicability of State Statute. The Federal employers’ liability act, § S, providing that contributory- negligence is not a defense in any case where the common carrier’s violation of “any statute” enacted for the safety of employees contributed to the injury, has reference only to Federal statutes; hence, in an action under that act, the failure of the employer to safeguard dangerous machinery under the state factory act, Rem. & Bal. Code, §§ 6587-6598, cannot be taken into consideration as excusing the employee’s contributory negligence or his assumption of risks (overruling Opsahl v. Northern Pac. R. Co., 78 Wash. 197).</p> <p>Courts — Rule of Decision — Federal Questions. State courts are required to follow the construction placed upon an act of Congress by the Federal courts.</p> <p>Master and Servant — Actions—Variance—Recovery at Common Law. In an action for personal injuries under the Federal employers’ liability act, in which plaintiff shows that the injury occurred in interstate commerce, he has no right to have the case submitted to the jury as a common law action, upon failure to prove a case under the Federal act.</p>