Washington Reports Volume 74
This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1913 edition. Excerpt: ...to support his wife and child (whom he had deserted), and that they were entitled to recover independently of Whether or not he contributed anything to their support. SA.IE--DAMAGES--APPORTIQNMENT. In an action under the Federal employers' liability act by a wife and child for the wrongful death of the husband and father, it is error to instruct the jury to assess damages in a single sum; since the recovery depends on the pecuniary loss suffered by each beneficiary. Appeal from a judgment of the superior court for Yakima county, Grady, J., entered October 3, 1912, upon the verdict of a jury rendered in favor of the plaintiff, in an action in tort. Reversed. 'Reported in 133 Pac. 609. Opinion Per Momus, J. 74 Wash. Englehart 63-Rigg, for appellant. William M. Thompson and Henry J. Snively, for respondent. MoRms, J.--This action was brought under the Federal employers' liability act on behalf of the widow and minor child to recover damages for the death of Frank E. Myers, caused by the derailment of an engine upon which the deceased was working as fireman. The negligence charged was in failing to cause a switch to be properly set and closed, and maintaining it in an open and defective condition. Several defenses were pleaded, none of which need be referred to except two. The first of these is contributory negligence. All that need be said in regard to this charge is that, under section 3 of the act, contributory negligence is not a bar to recovery, but the damages are to be diminished by the jury in proportion to the amount of negligence attributable to the employee. It will thus be seen that, in cases under this act, it becomes a question of fact for a jury to apportion the negligence of the employer and the employee, and...
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